Kambat v. St. Francis Hospital

OPINION OF THE COURT

Chief Judge Kaye.

In this medical malpractice action, an 18-by-18-inch laparotomy pad was discovered in the abdomen of plaintiffs’ decedent following a hysterectomy performed by defendant physician at defendant hospital. The question before us is whether plaintiffs were entitled to submit the case to the jury on the theory of res ipsa loquitur. Contrary to the trial court and Appellate Division, we conclude that the jury could have inferred negligence under the doctrine of res ipsa loquitur, and that defendants’ evidence of due care and alternative causes of the injury did…