Cramer v. Theda Clark Memorial Hospital

In his decision granting the directed verdict, the trial judge was of the view the plaintiff was required to produce expert evidence to establish a standard of care for hospitals in the same area. Over the plaintiff’s objection, the defendant offered some expert opinions of the care in other hospitals. The issue is now presented whether the alleged negligence and standard of care of a hospital must, like in malpractice cases, be proved by expert testimony.

Courts generally make a distinction between medical care and custodial or routine hospital care. The general rule is that a hospital must…