Court of Appeals of New York

Dismissal of plaintiff's complaint alleging medical malpractice against defendants is affirmed, where: 1) plaintiff failed to establish the elements of res ipsa loquitur,, specifically that defendant had exclusive control over the wire that was left in plaintiff; 2) evidence clearly was needed, in the form of expert opinion to assist a jury's understanding of whether defendant's decision to leave the wire rather than prolong surgery would have taken place in the absence of negligence; and 3) plaintiff failed to present any such evidence of the standards of practice, and therefore her complaint was properly dismissed.

Appellate Information

• Decided 06/27/2013
• Published 06/27/2013

Judges

• RIVERA

Court

• Court of Appeals of New York

Counsel