res ipsa loquitur in medical malpractice cases Archives

Michigan Appellate Court Applies Res Ipsa Loquitur In Reviving Medical Malpractice Case

November 23, 2024

In 2017, Laura Francke underwent a double mastectomy with reconstructive surgery after doctors diagnosed her with breast cancer. Francke had revision surgery in September 2018 to address implant failure and excess tissue. During the procedure, Desano assisted Lumley, and Wood, Beaudoin, and Sarsozo [...]

Florida Appellate Court Discusses Res Ipsa Loquitur In Hospital Malpractice Claim

June 6, 2024

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) stated in its March 22, 2024 opinion: “This appeal involves the application of the doctrine of res ipsa loquitur to a medical negligence action wherein Barber sustained bilateral hip fractures while[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Illinois Supreme Court Finds Medical Malpractice Plaintiff Satisfied Res Ipsa Loquitur Requirements In Hip Replacement Malpractice Claim

September 17, 2022

The Supreme Court of the State of Illinois (“Illinois Supreme Court”), in its opinion dated June 24, 2022, held that the plaintiff in an Illinois medical malpractice case had met the requirements of res ipsa loquitur and therefore it was error for the trial court to dismiss his medical m[...]

Pennsylvania Supreme Court Holds Res Ipsa Loquitur Doctrine And Direct Evidence Are Not Mutually Exclusive

January 25, 2022

In its opinion dated December 22, 2021, the Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”) stated in a medical malpractice case it was deciding: “res ipsa loquitur boils down to this: Under certain circumstances a plaintiff may turn to the jury and ask[...]

Kentucky Supreme Court Rules Expert Testimony Was Necessary In Stroke After Angiogram Medical Malpractice Case

October 3, 2019

The Supreme Court of Kentucky (“Kentucky Supreme Court”) held in its opinion filed on August 29, 2019: “we conclude that the res ipsa loquitor exception is inapplicable herein and expert opinion evidence is therefore required to establish causation. The expert testimony in this cas[...]

Arizona Appellate Court Affirms Summary Judgment For Defendant Surgeon In Res Ipsa Loquitur Medical Malpractice Claim

August 18, 2019

The Arizona Court of Appeals Division One (“Arizona Appellate Court”), in its Memorandum Decision filed on July 30, 2019, held that the Arizona medical malpractice plaintiff’s reliance on res ipsa loquitur in her claim against the defendant surgeon failed because her expert’s[...]

Kentucky Appellate Court Affirms Res Ipsa Loquitur Did Not Apply In Medical Malpractice Case

April 11, 2019

In an unpublished opinion rendered on March 29, 2019, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that the Kentucky medical malpractice plaintiff had “failed to present any affirmative evidence that [the defendant hospital] breached the standard [...]

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