Smith v. Guthrie

OPINION

SPURLOCK, Justice.

This is a medical malpractice case. The alleged malpractice consisted of the defendant-doctor’s incorrect diagnosis of heart disease, when in reality, the patient did not have any such heart disease. At the trial, the judge excluded much of the testimony of the plaintiffs’ medical expert. Upon the defendant’s motion at the conclusion of the evidence, the trial court withdrew the case from the jury and rendered judgment in favor of the defendant as a matter of law, because (inter alia) there was no testimony in the case which established any standard of practice which…