Perin v. Hayne

How courts have described this case

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

• holding even though the plaintiff provided expert testimony, there was not “any basis . . . for submission of res ipsa loquitur” when a spinal surgery resulted in nerve injury that caused vocal cord paralysis
• stating that common knowledge can give rise to an inference of negligence
• recognizing three means to prove physician negligence: (1) through expert testimony; (2) by evidence the lack of care was so obvious to be within the layperson’s knowledge; and (3) by evidence the medical provider injured a part of the body not involved in the treatment
• where patient consented to one cervical vertebrae fusion, damage to laryngeal nerve while performing two fusions is not a battery
• “Where an injury may occur despite due care, a finding of negligence cannot be predicated solely on the fact it did occur.”

Source: CourtListener parenthetical corpus (CC0).