Missouri ruling addresses the issue
The Missouri Supreme Court recently ruled that a plaintiff who underwent back surgery and developed an infection due to a torn bowel could rely on an expert's opinion that the injury would not have occurred if the defendants weren’t negligent.
The plaintiff in the case sued the hospital, the surgeon and the surgeon’s employer who defended that it was up to the plaintiff to prove that they were negligent. However, the court ultimately disagreed and reasoned:
Where a plaintiff is unable to show which specific act of negligence of the defendants caused his or her injury, but is able to show that all the potential causes are within the control or right to control of defendants, and that they have greater access to knowledge about the cause of the injury than does plaintiff, and a medical expert testifies that such injury does not occur in the absence of negligence of the defendants, then a prima facie [sufficient] case for medical malpractice has been made.
The theory behind the ruling is known as res ipsa loquitur, a Latin term that translates into “the thing speaks for itself.” In a nutshell, it means that the proof of the case is self evident and that no further evidence is needed.
Who’s on your side?
Victims of medical malpractice are often up against very difficult odds. Hospitals and surgeons carry medical malpractice insurance – and those insurance companies will do anything and everything to avoid paying these types of claims due to the generally large damage awards associated with them. That’s why it’s important to have the right attorney on your side – someone whose practice focuses in this area of the law, who understands how medical malpractice claims are handled and knows how the insurance companies that defend them operate.
Discuss your situation with an experienced medical malpractice lawyer. We may be able to help. Consultations are free of charge, strictly confidential and without obligation. Most medical malpractice attorneys work on a contingency fee basis, which means that they do not get paid unless you recover.