Marguerite James v. David Wormuth, M.D.

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's medical malpractice action, holding that she failed to present expert testimony establishing a deviation from the standard of care and that res ipsa loquitur did not apply because the doctor did not have exclusive control of the instrumentality. The court emphasized that expert evidence is required when a plaintiff's theory relies on professional judgment.