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Article: Hospital successfully defends Res Ipsa Loquitur claim.(Legal Focus on Hospital Law Issues)(Case overview)
- Article from:
- Hospital Law's Regan Report
- Article date:
- July 1, 2007
- Author:
CopyrightCOPYRIGHT 2007 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: Hayes v. Peters, NO. COA06-1157 (06/19/2007) S.E.2d -NC
ISSUE: Ordinarily, a patient must have testimony from medical experts in order to prevail in a medical malpractice case. Generally, courts are reluctant to apply the doctrine of Res Ipsa Loquitur, except in cases in which injured patients have been in the exclusive control of a defendant or defendants and sustained injuries, which would ordinarily not have occurred in the absence of negligence.
CASE FACTS: In January of 2004, Ivan Hayes reported difficulty in swallowing to his primary care physician who referred him to Dr. Randy Peters, a specialist in gastroenterology. On January 23, ...