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Article: Did Res Ipsa Loquitur (RIL) apply in this case?(Hospital Law Case of the Month)
- Article from:
- Hospital Law's Regan Report
- Article date:
- January 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Medical Law Publishing. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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CASE ON POINT: Pillers v. Finley Hospital, 671 N.W.2d 531 -IA (2003)
ISSUE: When a patient submits himself to surgery, he literally gives "control" of himself to those entrusted to care for him. Accordingly, it is difficult to see how the doctrine of Res Ipsa Loquitur (RIL) can, with any justification, be so restricted so as to be inapplicable to a patient who submits himself to the cure and custody of doctors and nurses, is rendered unconscious, and receives an injury from an instrumentality used in his treatment.
CASE FACTS: Danette Pillers underwent surgery to repair an anterior cruciate ligament tear in her left knee. Personnel employed by Finely ...