Brooks wanted the jury to be instructed that
any injection site other than that
recommended by the medical community
constituted improper experimentation, on
her but the court refused and the jury found
for the defense. The court of appeals
reversed, holding that the instruction
should have been given and the Indiana
Supreme Court granted review.
Issue: Does a physician conduct an
experiment on a patient by undertaking an
unusual procedure if the physician has a
reasonable basis for doing so?
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