infection flu like symptoms meningitis the list goes on and on fourteen hours after he rode in the emergency room mr macintyre passed away this is the unfathomable appropriate standard of care experts from both sides agreed on two points the first is that this was an extremely rare medical condition none of them had ever seen anything like this  the i c u physicians follow that advice but the jury was never given an opportunity to address those issues so why use that reason has its origin in the trial court's ruling physician has a patient relationship with mr mcintyre and therefore no duty of care or he could not be held liable now even if we assume that that ruling is correct that has nothing to do with the necessary to keep the patient alive on the whole i can't think of of more saint way of stating that somebody has reached the standard of care no the jury never heard that testimony and that's reason for that is due to the trial works order that for there to be a violation of the standard of care there must be a duty of care that's the critical point here and i want to repeat that in order for there to be a violation of a standard of care and there must be a duty and i submit that there is absolutely no case law authority that supports that proposition that my client did exactly what you were supposed to do he called in a specialist the decision whether to transfuse on cross measure blood was not dr beller county's decision to make this was a decision that dr thomas could make was he was the only person who could make that decision and there was strong evidence that my client did exactly what dr thomas told them to  do there's a fundamental principle of law that the defendant is always free to argue that something other than his own negligence was solely responsible for the plaintiff's injury when the trial court barred the f court's decision in the end already be loyal to university then this entire case is based on the presumption that defendants do not follow his the structures what instructions he gave and whether we follow them is critical to this case only that we are are absolutely prohibited from suggesting in any way that he may have actually been responsible for injury think of all the testimony would play out we might ask did you ask about this test as you asked about the results from that test what we did you ask all of those questions can be viewed as suggestions that dr thomas was really the person at fault all of those questions would have been subject to an objection and probably would have been sustained and was absolutely no negative negligent in any way as i see it it was absolutely certain that any testimony we'll listen in from dr thomas as to what he did what he asked did he ask all of the necessary and i think when you look at the trial court's ruling is very specific he says any testimony suggesting that this is the rule cast dr thomas in a bad light is barred and he went further about the proper role of consulting physician because the jury might draw a link between that this that the that testimony and dr thomas this was a complete bar and i is that even though this ruling is absolutely in direct conflict with the research in court precedent that we should nevertheless quote our witness absolutely handcuffed your barred from an examining is room in the outcome of this case we can't touch it you can't come near it and the court was very explicit on that so we put this witness on the stand he states that too they disregarded my orders and that's it that's as far as we're going to get we can't talk to him about what we could call him but we wouldn't be able to examine him on anything we wouldn't be able to ask him why didn't you say what did you do here because if we if we do not and he says no i didn't ask about that  there we've given the jury evidence as to to believe that maybe this was dr thomas's fault that he is in violation of the court's order and i was in the current witness he was could not address anything involving the standard of care or were his role in all this patient was treated i think it's also important to point out that dr thomas was on the plaintiff's witness list you intended to call him nationally but he didn't do it and he asked why that isn't the reason is this you convince the trial court that if dr bolton testifies as to her do that in a case like this where you're dealing with a newly established business so that all work of one point one million dollars is pure speculation and conjecture and all you have to do is look at the way the pla constant spleen is like a policeman that sees something's not supposed to be there you don't chop down well what happens is that your blood circulates the spleen starts literally eating on your red blood cells to the point where he no longer a most which should have known how to treat or mean he let me know if he didn't he should have looked it up real quick or got some information an active part in this case because he was that kind of person and i suggested this is my opinion but i think that the view would get to a point where he'd be generated at least as much money if not more i often asked for  sleep in this case you would need expert testimony to say something of that nature or really why somebody was in the chain of circumstance and he said based on what the defense is telling me apparently that's forthcoming they contacted a specialist a human toll just and follow his directions that is all that is required under the standard of care or experts who testified in this case stated that a court explicitly prohibited the defendants from suggesting that dr thomas reach the standard of care or was negligent in any fashion that's pretty clear we had no way of business and that's the only explanation in this record for we will dispute that he was a hard worker whose investor he was great this family this is a terrible tragedy with what happened to this man but that has nothing to do with whether he proved under bath during his theory was lost prominence he could have presented a different way they didn't do it and that's your speculation based on pure speculation and conjecture and there's just