Martin v. Stratton

« While I concur with the majority opinion in it’s analysis and application of the law of “informed consent,” I must respectfully dissent to the majority view that the doctrine of res ipsa loquitur is not relevant to the facts of this case.

In St. John’s Hospital and School of Nursing v. Chapman, Okl., 434 P.2d 160 (1967) this Court approved the use of the doctrine of res ipsa loquitur in medical malpractice cases, where the circumstances warrant its application, when we held in the following syllabi:

“3. Actions involving malpractice or hospitals may not, in a proper case, escape the doctrine…