Sammons v. Smith

REYNOLDSON, Chief Justice.

The fighting issues in this medical malpractice case involve application of the res ipsa loquitur doctrine and certain jury instructions. The court of appeals reversed a judgment for defendants based on the jury’s verdict. We granted further review and now affirm the court of appeals ruling, and remand for new trial.

In late 1976 plaintiff Erma Sammons 1 consulted Dr. Rankin, her family physician at Mt. Pleasant, Iowa. She then had a two-year history of intermittent pain and swelling in her right knee. Ultimately this doctor referred her to defendant Dr. Koert Smith,…