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Forum
Started Nov 27 2012, 16:39
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Nov 27 2012, 16:39
Although medical experts testimonies are usually required in a medical negligence case, there can be situations where the judges lawyers and members of the jury can easily understand the contesting facts of the case. For instance, if a surgeon leaves a sponge in the patient, an expert may not be necessary to explain the implications of such negligent conduct. The rule “res ipsa loquitor” or “the thing speaks for itself” is applicable here. Therefore, expert evidence is not required where the medical practitioner in question had sole control over the cause of the injury and where the injury could have solely been caused by the doctor’s failure to exercise the normal standard of care.
Peter 12253649
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