Opinion

Creola Quick, Administratrix, Estate of Lawrence Quick, Deceased v. Roger G. Thurston

  • 290 F.2d 360
  • 110 U.S. App. D.C. 169
  • 88 A.L.R. 2d 299
  • 1961 U.S. App. LEXIS 4755
Court
Court of Appeals for the D.C. Circuit
Filed
Apr 20, 1961
Status
Published
Author
Bazelon
On the bench
Edgerton, Bazelon, Fahy, Miller, Prettyman, Washington, Danaher, Bastían, Burger
Cited by
27 cases
Authority
More cited than 24.7%

res ipsa loquitur not applicable where plaintiff’s expert confirmed defendant’s testimony that negligence was not the only potential source of infection

How later courts described this case

  • res ipsa loquitur not applicable where plaintiff’s expert confirmed defendant’s testimony that negligence was not the only potential source of infection
  • “Due to the great variety of infections and complications which, despite all precautions and skills, sometimes follow accepted and standard medical treatment, courts reject the notion that because [injury] follows a treatment an inference of negligence is to be made.”
  • testimony that “there were two possible theories as to source of [plaintiffs] infection,” one entailing negligence and the other not, was insufficient to create a jury issue on proximate causation
  • sufficiency of medical attendance and caliber of medical treatment

Written by the judges who cited it.

The opinion

BAZELON, Circuit Judge

(dissenting separately).

I agree with Judge Edgerton’s analysis of the testimony. And having in mind that we must view the record most favorably to plaintiff, I think it does not provide a provident basis for directing a verdict in favor of the defendant at the close of plaintiff’s case. But this does not foreclose the possibility that such a basis may appear after defendant puts in his case. Cf. Loketch v. Capital Transit Co., 1957, 101 U.S.App.D.C. 287 , 289, 248 F.2d 609, 611 , citing Peigh v. Baltimore & O. R. Co., 1953, 92 U.S.App.D.C. 198, 202 , 204 F.2d 391, 396 , 44 A.L.R.2d 671 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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