¶1concurring in part and dissenting in part:
¶2Carefully examined, this case leads to an ironic conclusion. The majority is correct that there was sufficient evidence to allow the case to go to the jury; however, there was not sufficient evidence to allow the jury to return a verdict for more than the cost of Dr. Adongay’s services and some nominal amount for pain and suffering. Without expert evidence, the jury could not have drawn conclusions concerning when the bone died or, more importantly, whether the surgery performed to repair the hand was inevitable or could have been prevented by Dr. Adongay’s proper diagnosis. Accordingly, had the trial court allowed the case to go to the jury, and had the jury returned an award satisfactory to the plaintiff, that award would inevitably have warranted reversal or appeal.
¶3The reason that I have taken the time to concur in part and dissent in part in a case that appears to be of little moment is simply to point out that it is stupid to try any malpractice case, no matter how outrageous, without the help of an expert witness. The majority opinion has done substantial justice in the case before us, but it should not be read to authorize submission of malpractice cases to the jury in future cases on the basis of lay evidence alone.