Darwin v. Ganger

Respondent obtained a verdict for malpractice against appellants who contend here that the trial court prejudicially erred in both the rendition and form of an instruction on res ipsa loquitur. Since the application of the doctrine must intimately relate to the facts, we review the clinical history of the case and the expert testimony as to the involved medical procedures. We shall test the applicable cases against these facts. Finally, we analyze the form of the instruction. Our review convinces us that the trial court did not commit error.