Bader v. Johnson

In Bader v. Johnson, 732 N.E.2d 1212 (Ind. 2000), the plaintiffs brought a medical malpractice action alleging the defendant doctor had negligently failed to provide them with the results of an ultrasound test. After first establishing the doctor had a duty to disclose the results of the test, the court concluded expert testimony was not required to establish the doctor had in fact failed to provide the results: As for a breach of duty, expert medical testimony is usually required to determine whether a physician's conduct fell below the applicable standard of care. This is generally so because the technical and complicated nature of medical treatment makes it impossible for a trier of fact to apply the standard of care without the benefit of expert opinion on the ultimate question of breach of duty. Here, however, we doubt whether expert testimony is required to determine whether Healthcare Providers breached its duty. If Healthcare Providers did not provide the Johnsons with the result of the ultrasound, then Healthcare Providers breached its duty. It does not appear to us that expert testimony is required on this point. (Bader, 732 N.E.2d at 1217-18.)