|
Defendant-veterinarian was contracted to castrate plaintiff’s horse. Post-surgical care resulted in a fatal infection of the horse. The court found that, indeed, expert testimony is required in malpractice cases, as negligence cannot be inferred from the existence of a loss. The court disagreed with plaintiff that defendant’s own "admissions" in his testimony at trial provided sufficient evidence of deviation from the standard of care to withstand a directed verdict by defendant. As to plaintiff’s argument regarding a lack of informed consent, the court noted that a medical malpractice claim premised on a theory of lack of informed consent is a separate cause of action rather than an "element" in an otherwise specifically alleged claim of professional negligence.
|
