BANKS v. BECKWITH

No. 07-1278.

762 N.W.2d 149 (2009)

Jason BANKS, Appellant, v. Susan BECKWITH, M.D. and The Iowa Clinic, P.C., Appellee.

Supreme Court of Iowa.

February 27, 2009.


Attorney(s) appearing for the Case

Thomas P. Slater of Slater and Norris, P.L.C., West Des Moines, for appellant.

Michael H. Figenshaw and Thomas M. Boes of Bradshaw, Fowler, Proctor & Fairgrave, P.C., for appellee.


BAKER, Justice.

In this medical malpractice case, the plaintiff, Jason Banks, appeals the district court's ruling refusing to instruct the jury on the doctrine of res ipsa loquitur. Banks contends there was substantial evidence presented at trial that a catheter inserted in his chest by the defendant, Dr. Susan Beckwith, would not have fractured in the ordinary course of events if Beckwith had used reasonable care, and therefore, the district court should have instructed...

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