Case brief summary
Under res ipsa loquitur, a jury can sometimes assume a defendant was careless just because an unusual harmful event happened, without direct proof of what exactly went wrong, if certain conditions are met.
Facts
A surgeon performed a hysterectomy, and months later a large surgical pad was found stuck in the patient's bowel. She needed more surgery and died from related infections. Her family sued for leaving the pad inside her.
Procedural history
The trial judge refused to let the jury consider res ipsa loquitur, and jurors ruled for the hospital and doctor. Lower courts upheld this, though two appeals judges disagreed.
Issue
Should the jury have been allowed to assume carelessness just because a large surgical pad was left inside the patient, even without clear proof of how it happened?
Holding
Yes, the trial judge should have told the jury about the res ipsa loquitur idea, and because that instruction was wrongly left out, the case must be tried again.
Reasoning
Ordinary people can tell that a surgical pad doesn't end up inside a patient unless someone was careless. Hospital staff controlled the pad, and conflicting explanations were questions for the jury, not reasons to block the instruction.
Opinions
Majority (Kaye): The jury should have been allowed to infer negligence from the mere fact a large surgical pad was found inside the patient after surgery.
Concurrences (Bellacosa, Smith, Levine, Ciparick, Wesley): Joined the majority opinion without writing separately.