Kennis v. Mercy Hospital Medical Center

How courts have described this case

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

• finding that expert testimony is necessary in a medical malpractice action to establish the defendant’s negligence
• rejecting plaintiff's claim that statute requiring expert testimony to prove medical malpractice violated due process rights of plaintiffs who cannot afford to hire experts
• requiring expert testimony to establish materiality of risk of cystostomy during reverse intestinal bypass surgery
• rejecting argument that statute requiring timely disclosure of expert testimony in medical malpractice cases violated Equal Protection Clause by discriminating against plaintiffs without money
• noting expert opinion is needed for res ipsa loquitur if the foundational 4 facts are outside the common experience of lay persons
• noting expert opinion is needed in a medical battery case to prove the treatment provided was a totally different type of treatment than what the plaintiff consented to

Source: CourtListener parenthetical corpus (CC0).