Smithers v. Collins

BECTON, Judge.

The single question presented by this appeal is whether the trial court erred in granting defendant Collins’ motion for a directed verdict at the close of plaintiffs case. Plaintiff argues that her evidence was sufficient to show prima facie (1) that Dr. Collins did not follow the established standard of care in that he failed to examine her, even though she, as a post-operative patient, complained of distention, nausea and vomiting for two weeks following her discharge from the hospital; (2) that once a patient makes the complaints that she made, good medical practice dictates…