No. 03-CV-188.

867 A.2d 213 (2005)

Brendan F. BURKE, M.D., Appellant, v. Steven SCAGGS, et. al., Appellees.

District of Columbia Court of Appeals.

Decided January 27, 2005.

Attorney(s) appearing for the Case

Alfred F. Belcuore for appellant.

Kim M. Keenan, with whom Jack H. Olender, Harlow R. Case and Karen E. Evans, Washington, were on the brief, for appellees.

Before TERRY, RUIZ and GLICKMAN, Associate Judges.

RUIZ, Associate Judge.

The legal issue presented in this matter is whether a plaintiff in a medical malpractice action fails to establish a prima facie case when his experts differ as to the applicable standard of care. We hold that a discrepancy between experts as to the standard of care will not defeat the plaintiff's prima facie case for malpractice. We further hold that by failing to request a special verdict form, the appellant has forfeited the right to assert...

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