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· 12/31/1853

Graham v. Doe on the demise of McDonald

Citations

  • 4 Ind. 615
  • 1853 Ind. LEXIS 246

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that whether expert testimony is necessary to establish the applicable standard of care does not depend upon the classification of the claim
  • holding claim of negligence against nursing home required expert testimony and finding \expert testimony is necessary only if the matter is outside the common knowledge of the jury\
  • whether classified as ordinary negligence or medical malpractice, \expert testimony is necessary only if the matter is outside the common knowledge of the jury\
  • expert was necessary in nursing home case regarding care and safety measures provided to a resident
  • “We have consistently rejected the notion that classification of a claim as ordinary negligence rather than medical malpractice determines whether expert testimony is required. Instead, expert testimony is necessary only if the matter is outside the common knowledge of the jury.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stuart

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.