· 12/15/1964
Roberts Ex Rel. Roberts v. Gale
Citations
- 139 S.E.2d 272
- 149 W. Va. 166
- 1964 W. Va. LEXIS 45
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that negligence can \be established by lay witnesses in cases where negligence or want of professional skill is so obvious as to dispense with the need for expert testimony\
- holding “[w]hen the plaintiffs evidence, considered in the light most favorable to him, fails to establish a prima facie right of recovery, the trial court should direct a verdict in favor of the defendant”
- “It is the general rule that in medical malpractice cases negligence or want of professional skill can be proved only by expert witnesses.”
- “It is the general rule that in medical malpractice cases negligence or want of professional skill can be proved only by expert witnesses.”
- “It is the general rule that in medical malpractice cases negligence or want of professional skill can be proved only by expert witnesses.”
- “The applicable standard of care and a defendant’s failure to meet said standard, if at issue, shall be established in medical professional liability cases by the plaintiff[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Caplan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.