Saylor wrote in his dissenting opinion that "the concerns of the medical community that judicial authorization of the inference will foster confusion among jurors, unduly increase the cost of medical ...

At best, it is ordinary res "ipsa loquitur dressed up as expert opinion." Because the plaintiff no longer had expert testimony to support his design-defect claim, the trial court granted Staples' ...

Plaintiff alleged that due to the negligence of a surgeon, anesthesiologists, and nurse anesthetists, she sustained injury to her bilateral median nerves during surgery. Plaintiff pled multiple ...

Res ipsa loquitur is a legal term used in negligence claims meaning the thing speaks for itself. So if, for example, a cap fitted by your dentist fell out after a week you could argue res ipsa ...

Current and former employees filed suit under the Class Action Fairness Act (CAFA), asserting products-liability theories (strict liability and negligent manufacturing) against Twin Hill and ...

Medical malpractice occurs when a physician or surgeon fails to provide the expected level of care and skill that is typically practiced by professionals under similar circumstances. It is a specific ...

Odini Gogo (l) and Joshua Moore (r) founders of Res Ipsa; photo credit Pablo Jimenez Res Ipsa or res ipsa loquitur, is Latin “the thing speaks for itself” — that is exactly what Joshua Moore and Odini ...

Supreme Court of Florida, 1998. 716 So.2d 783. WELLS, Justice. [In 1990, plaintiff was driving behind a tractor-trailer being driven by Perry. As the tractor-trailer went over some railroad tracks the ...

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