Vergara v. Doan

Dr. Doan (defendant) delivered a child for Vergara (plaintiff) at a hospital, and the child suffered permanent birth injuries; Vergara sued for medical malpractice, alleging Doan's negligent delivery caused the injuries. Vergara's expert testified Doan's conduct fell below the standard of care established in similar communities, but the trial judge instructed the jury to determine the standard of care using the "modified locality rule"; the jury found for Doan, and the appellate court affirmed.