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Article: Was the doctrine of Res Ipsa Loquitur applicable? (Hospitable Law Case of the Month).(Brief Article)
- Article from:
- Hospital Law's Regan Report
- Article date:
- March 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 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: Brown v. Baptist Memorial Hosp.-DeSoto, Inc., 806 So.2d 1131 -MS (2002)
ISSUE: Ordinarily, a sine qua non of medical malpractice cases is expert testimony by a qualified expert who can attest to his or her opinion as to the negligence of the physician or other health practitioner who allegedly acted outside of the applicable standard of care. In this unusual case, the plaintiff was delinquent in producing the identity of an expert witness within the time permitted by a trial judge. As a result of the plaintiffs failure, the court dismissed the plaintiffs claim. The plaintiff attempted to invoke the doctrine of Res Ipsa Loquitur (RIL). Would the ...