Edwards v. Boland

In this medical malpractice case tried in the Superior Court, the jury found for the defendant surgeon. In her appeal, the plaintiff challenges the failure of the trial judge to instruct the juiy on the doctrine sometimes referred to as res ipsa loquitur. The doctrine has been applied where the facts in a medical malpractice case are such that the jury from their common knowledge and experience may find, without knowing the exact cause of the accident, that the harm which befell the plaintiff was more likely due to the negligence of the defendant than to some other cause for *376which the…