Diagnostic X-Ray Physicians, Psc (Dxp) v. Deborah Lloyd

Summary

The court reversed the Court of Appeals and reinstated summary judgment for the surgical assistant and radiologists. It held that the plaintiff lacked expert testimony defining the radiologists’ applicable standard of care, and that res ipsa loquitur did not apply against the surgical assistant because the evidence showed she was not negligent when the needle became dislodged and lacked control over its later retention. The court treated proof of the standard of care and proof of breach as distinct requirements. No separate opinions are included in the record provided.