Valentine v. Kaiser Foundation Hospitals

This is another appeal in which the principal ground urged is that the court gave a res ipsa loquitur instruction that took from the jury the question as to whether the essential elements upon which the applicability of the doctrine is predicated had been proved by the plaintiffs. Other errors in instructing the jury are also claimed. We have concluded that there was error, but that under the peculiar facts of the case the error was not so prejudicial as to require a reversal.

I. Res Ipsa Loquitur.

The action is for medical malpractice, and is based upon the fact that the minor plaintiff, who…