Foster v. KlaumannAnnotate this Case
Keely Foster, a minor, and her parents, Kim and Kevin Foster, sued Keely's pediatric orthapedic surgeon, Dr. Michelle Klaumann, for injury done to a nerve in Keely's leg while Keely was undergoing surgery. After a trial, the jury found in favor of Klaumann. The court of appeals reversed and remanded for a new trial. The Supreme Court reversed and reinstated the jury verdict, holding (1) it was not error to instruct the jury on both a general physician standard of care and a specialist standard of care when the parties did not dispute Klaumann was a specialist; and (2) the "best judgment" instruction does not misstate the law by instructing the jury that the physician has a right to use his or her best judgment in the selection of the choice of treatment.