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<p>The appellate court&rsquo;s analysis in this case highlights how the application of&nbsp;<em>res ipsa loquitur</em>&nbsp;to medical malpractice cases still requires expert opinion. In fact, plaintiff was under the mistaken impression that because she relied on the doctrine of&nbsp;<em>res ipsa loquitur</em>&nbsp;&mdash; a legal theory under which &ldquo;the thing speaks for itself,&rdquo; meaning that an inference of negligence is supported when an injury would not have occurred if not for negligence on behalf of the person who controlled the object causing the injury &mdash; she would not need to present a declaration from an expert in support of her position.</p>

Appellate Court Upholds Judgment Against Patient Over Lack of Expert Testimony