Yet there are othersderailment of trains or exposing

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Employment Law for Human Resource Practice
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Chapter 13 / Exercise 3
Employment Law for Human Resource Practice
Walsh
Expert Verified
Yet there are others—derailment of trains or exposing of boilers, the fall of an elevator, etc.—that don’t commonly occur absent negligence. “To such events res ipsa loquitur may apply.” --Helton v. Forest Park Baptist Church (p. 100). Woman picked up child from day care and child was injured. No one could explain. Res Ipsa is inapplicable where the instrumentality producing the injury or damage is unknown or is not in the exclusive control of the defendant.” Ybarra v. Spangard Facts: Man injured while unconscious on the hospital table—many doctors, nurses involved, but man has no idea who it was, and seeks to invoke res ipsa to shift the burden onto them. “Neither the number nor relationship of alone determines whether the 6
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Employment Law for Human Resource Practice
The document you are viewing contains questions related to this textbook.
Chapter 13 / Exercise 3
Employment Law for Human Resource Practice
Walsh
Expert Verified
doctrine of res ipsa loquitur applies.” “It should be enough that Π can show an injury resulting from an external force applied while he lay unconscious in the hospital.” Principle: When one is injured during medical treatment while unconscious, then all ’s who had control over him can face res ipsa. Final view on Res Ipsa: It’s a rule of circumstantial evidence, not tantamount to strict liability because jury can still find for --but if the court like the --but if the court like the Ybarra court is unwilling to grant a directed verdict to a nurse who explains herself, then res ipsa is a big step towards strict liability. MEDICAL MALPRACTICE Sheeley v. Memorial Hospital Facts: Sheeley injured during birth, and seeks to admit as a witness a doctor who is not a specialist in that field. Defendant doesn’t want a witness who is not a specialist in that field, Principle: Expert witness need not come from the same specialty as the defendant . Inherent bias in skepticism from a mega-specialist towards a general practitioner Conspiracy of silence used to make it hard to get doctors to testify against their brethren Hospital may be liable for hiring bad Dr. or not have a doctor capable of performing a cesarean section on duty at a given time States v. Lourdes Hospital Facts: Woman injured while unconscious in a manner that would be very likely impossible but for the negligence of the anesthesiologist. She wants a res ipsa claim, but she wants to introduce an expert to “bridge the gap” of the juries knowledge because an ordinary person wouldn’t immediately know that this harm couldn’t have been caused but for negligence. Principle: Doctrinal foundation of res ipsa need not lie solely in “everyday experience;” an expert may be brought in to “bridge the gap” in the juries knowledge. “In an increasingly sophisticated and specialized society such as ours, it is not at all surprising that matters entirely foreign to the general population are commonplace within a particular profession…” Restatement 328D: “Expert testimony that such an event usually does not occur without negligence may afford a sufficient basis for the inference” of negligence.

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