381 N.E.2d 279 (1978)
The patient brought a medical malpractice action against two doctors that alleged negligence in a thyroid gland operation.
DISCUSSION and HOLDING
- The court affirmed the directed verdict in favor of the doctors.
- The court held that the patient was required generally to establish the standard of care through expert testimony.
- The patient was also required to prove that the doctor was unskillful or negligent and that his want of skill or care caused the injury.
- The evidence presented two conflicting opinions in the medical community concerning the proper procedure to be observed under the circumstances.
- No medical evidence was presented that indicated that the procedure used by doctors was unacceptable in the medical community.
- The court held that it was insufficient for the patient to establish a prima facie case merely to present testimony of another physician that he would have acted differently from the doctors.
- Without evidence of a standard of care that the doctors were bound to follow, there was nothing against which a jury could measure conduct or negligence.
The court affirmed the directed verdict entered in favor of the doctors. The court held that the patient failed to establish a standard that the doctors were bound to follow and that conduct and negligence could not be measured by the jury.
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