Banks v. Beckwith

BAKER, Justice.

In this medical malpractice case, the plaintiff, Jason Banks, appeals the district court’s ruling refusing to instruct the jury on the doctrine of res ipsa loquitur. Banks contends there was substantial evidence presented at trial that a catheter inserted in his chest by the defendant, Dr. Susan Beckwith, would not have fractured in the ordinary course of events if Beck-with had used reasonable care, and therefore, the district court should have instructed the jury on res ipsa loquitur. We transferred this case to the court of appeals, which held that the district court did not…