Whenever I get sick of outlining, my torts book shoots me a jewel like this:
“On the other hand there are other kinds of medical malpractice, as where a sponge is left in the plaintiff’s abdomen after an operation, where no expert is needed to tell the jury that such events do not usually occur in the absence negligence.”
Muhaha. I love it…
Anyhoot, almost done!
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Amanda
December 13, 2008 at 10:00 pmcommon knowledge exception? 🙂 ours had the forgotten sponge example too, as well as when the dr. amputates the wrong leg. no expert needed to explain to the jury the difference between right and left!