Kambat v. St. Francis Hospital

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that ”[w]hen an operation leaves a sponge or implement in the patient's interior, ... the thing speaks for itself without the aid of any expert's advice” (citation omitted; emphasis removed)
• “To rely on res ipsa loquitur a plaintiff need not conclusively eliminate the possibility of all other causes of the injury.”
• “It is enough that the evidence supporting the three conditions afford a rational basis for concluding that it is more likely than not that the injury was caused by defendant’s negligence.” (internal quotation marks omitted)
• “Where the actual or specific cause of an accident is unknown, under the doctrine of res ipsa loquitur a jury may in certain circumstances infer negligence merely from the happening of an event and the defendant’s relation to it.” (citations omitted)
• “Where the actual or specific cause of an accident is unknown, under 6 the doctrine of res ipsa loquitur a jury may in certain circumstances infer 7 negligence merely from the happening of an event and the defendant’s 8 relation to it.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).