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Home / Courts / Tort/Negligence – Medical Malpractice – Res Ipsa Loquitur – Prescription Medication – Physician’s Admission — Rule 9(j) Certification Requirement (access required)

Tort/Negligence – Medical Malpractice – Res Ipsa Loquitur – Prescription Medication – Physician’s Admission — Rule 9(j) Certification Requirement (access required)

Smith v. Axelbank Even if the defendant-doctor told plaintiff that her symptoms were caused by a medication that he had prescribed for her and that he felt responsible, these statements would not give a layperson sufficient evidence to infer that the doctor was negligent in prescribing the medication to plaintiff. Because expert testimony would be required for a jury to infer that the defendant-doctor was negligent in prescribing the medication, the doctrine of res ipsa loquitur does not apply.

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