As gynecologic malpractice cases involve complex facts and issues that are typically beyond the understanding of the average person, most medical malpractice cases rely on experts to prove liability. In some cases, however, gynecologic malpractice is so clear that expert opinions may not be necessary. Rather, the plaintiff will rely on the evidentiary rule of res ipsa loquitor, which means the thing speaks for itself. A New York court recently discussed res ipsa loquitor in a gynecologic malpractice case and explained what is needed to prove the defendant is liable under res ipsa loquitor. If you were harmed by gynecologic malpractice you should consult an experienced Rochester gynecologic malpractice attorney as soon as possible to discuss your case and what evidence you may need to recover. Factual Scenario Reportedly, the plaintiff underwent a hysterectomy, which was performed by the defendants. Approximately five months after the surgery, she underwent an MRI that revealed…
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