Nature of the Case
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Facts
Morrison (P) went to MacNamara (D) for a urethral smear test for trichomonas, a urinary tract infection. The test was invasive and administered while P stood. P had an adverse reaction and fainted and struck his head on a metal stand. P lost his sense of smell and taste among other injuries. P sued D for negligence. At trial, P offered testimony regarding the national standard of care which required that the patient sit or lie down during the smear test. D presented evidence that locally, such tests were administered while the patient was standing. The trial court refused P’s testimony because an expert witness must proffer evidence of the standard of care in the same community as the defendant. Thus, P’s evidence is irrelevant as he only discussed the national standard of care. D was a nationally certified medical laboratory. The court allowed expert testimony of D from local doctors that the test was always administered with the patient standing. P appealed.
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