Pennsylvania Supreme Court Justice David N. Wecht. Courtesy photo Res Ipsa Loquitur and Direct Evidence Not Mutually Exclusive in Med Mal Suit, Pa. Supreme Court Rules
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 services, and serve to undermine the quality of health care in the commonwealth ... do not seem to me to have been assessed in any meaningful fashion."
December 29, 2021 at 09:00 AM
4 minute read
A medical malpractice suit can return to a trial court with a jury instruction to consider certain circumstantial evidence in addition to direct evidence following a split decision from the state Supreme Court.
The high court determined Dec. 22 that a plaintiff can use the doctrine of res ipsa loquitur—in which certain injuries can be assumed to be the result of negligence—in cases where the plaintiff has enough direct evidence that the doctrine is not the only way to reach a finding of liability.
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