Legal Opinion
Orkin v. Holy Cross Hospital of Silver Spring, Inc.
Court of Appeals of Maryland
Decided February 7, 1990No. 32, September Term, 1988PublishedCited by 38 opinions
1Opinion of the Court
McAULIFFE, Judge.
The question of the applicability of the concept of res ipsa loquitur is involved in this medical malpractice case. Contrary to the view taken by the trial judge, however, resolution of that question is not dispositive of this case. To some extent, the problem is one of semantics. As we pointed out in Meda v. Brown, 318 Md. 418, 569 A.2d 202 (1990), filed today, the proper application of res ipsa loquitur will permit an inference of negligence, but not every inference of negligence involves res ipsa loquitur.
As was the case in Meda v. Brown, supra, it is important to…
2Cases cited10 opinions
- Ybarra v. SpangardCalifornia Supreme Court · 1944
- Henley v. Prince George's CountyCourt of Appeals of Maryland · 1986
- Geisz v. Greater Baltimore Medical CenterCourt of Appeals of Maryland · 1988
- Metropolitan Mortgage Fund, Inc. v. BasilikoCourt of Appeals of Maryland · 1980
- Three Garden Village Ltd. Partnership v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1989
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3Cited by38 opinions
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- Seavers v. Methodist Medical Center of Oak RidgeTennessee Supreme Court · 1999
- Boyer v. StateCourt of Appeals of Maryland · 1991
- Hrehorovich v. Harbor Hospital Center, Inc.Court of Special Appeals of Maryland · 1992
- PaineWebber Inc. v. EastCourt of Appeals of Maryland · 2001
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