Vergara v. Doan

593 N.E.2d 185 (1992)

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Vergara v. Doan

Supreme Court of Indiana
593 N.E.2d 185 (1992)

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Facts

Dr. Doan (defendant) delivered a child for Vergara (plaintiff) at a hospital. The child received permanent injuries during the birth, and Vergara brought a medical malpractice claim against Doan. Vergara alleged that Doan’s negligence during the delivery caused the child’s injuries. Vergara’s expert witness testified that Doan’s conduct during the delivery did not meet the standard of care established in similar communities. The trial court judge instructed the jury to determine the standard of care by using the “modified locality rule.” The jury returned a verdict in favor of Doan, which the appellate court affirmed.

Rule of Law

Issue

Holding and Reasoning (Shepard, C.J.)

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