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THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Hillsborough-southern judicial district
No. 99-188
NORMAND C. FRANCOEUR, ADMINISTRATOR OF THE ESTATE
OF JOYCE FRANCOEUR AND INDIVIDUALLY
v.
JURGEN PIPER, M.D. & a.
June 22, 2001
Hall, Hess, Stewart, Murphy & Brown, P.A., of Manchester (Michael P. Hall and Francis G. Murphy, Jr. on the brief, and Mr. Hall orally), for the plaintiff.
Bouchard & Mallory, P.A., of Hampton (Robert D. Lietz and Kenneth G. Bouchard on the brief, and Mr. Bouchard orally), for the defendants.
Duggan, J. The plaintiff, Normand C. Francoeur, individually and as the administrator of the estate of his wife, Joyce Francoeur, appeals following a jury verdict in Superior Court (Brennan, J.) in favor of the defendants, Jurgen Piper, M.D. and his employer, the Orthopaedic Center. The plaintiff argues that the trial court erred in instructing the jury regarding the elements of medical negligence. We reverse and remand.
Mrs. Francoeur suffered a broken right ankle when she fell from her wheel chair as it veered off a ramp. At the time, she suffered from multiple complications associated with her diabetic condition. In the emergency room, Dr. Piper treated her ankle fracture by applying a cast. Later, upon removing the cast, Dr. Piper found an area of necrotic skin. Despite attempts to ward off infection, Mrs. Francoeur’s leg became gangrenous and later was amputated. The plaintiff filed this medical malpractice claim alleging that Dr. Piper failed to act according to the standard of reasonable professional practice in his treatment of Mrs. Francoeur’s fractured ankle. See RSA ch. 507-E (1997); Leighton v. Sargent, 27 N.H. 460, 475 (1853).
He specifically alleged that Dr. Piper’s failure to appropriately treat the infection in Mrs. Francoeur’s leg resulted in its amputation.
On appeal, the plaintiff raises two issues regarding the jury instructions given at trial. He first claims the trial court erred in instructing the jury on common law professional negligence. The trial court gave the standard jury instructions defining malpractice, professional negligence, and standard of care. See N.H. Civil Jury Instructions 3d.