Scott

William Scott and Robert Scott, as personal representatives of Jay Scott, appeal from a jury verdict in favor of respondents, Drs. Constanze Rayhrer and Gosta Iwasiuk, on Scott’s claim for medical malpractice. A drain inserted after surgery was left in Scott’s abdomen and not discovered and removed until 20 months later.

Scott contends that the trial court erred in denying his request for a res ipsa loquitur instruction as to Dr. Rayhrer, instructing the jury that a finding of res ipsa loquitur against Dr. Iwasiuk must be based on expert testimony, and refusing to instruct the jury that meeting the community standard of care does not excuse unreasonable conduct. We affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Scott had surgery for colorectal cancer in September 2002. Dr. Iwasiuk performed the surgery. Scott subsequently developed diarrhea and dehydration requiring hospitalizations in January and February 2003. Scott’s symptoms continued and, on August 1, 2003, a CT scan of Scott’s abdomen revealed fluid collection in the sacral hollow near the rectum. A drainage catheter was placed to drain the fluid and removed a week later. On August 28, fluid collection was…