Articles Tagged With: declaration
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Appellate Court Upholds Judgment Against Patient Over Lack of Expert Testimony
The appellate court’s analysis in this case highlights how the application of res ipsa loquitur to medical malpractice cases still requires expert opinion. In fact, plaintiff was under the mistaken impression that because she relied on the doctrine of res ipsa loquitur — a legal theory under which “the thing speaks for itself,” 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 — she would not need to present a declaration from an expert in support of her position.
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Experts Revisit Processes Surrounding Crisis Standards of Care
Throughout the COVID-19 pandemic, healthcare practitioners have observed challenges related to the implementation of crisis standards of care (CSC), a declaration that should be made only when all other options have failed. Experts report there has been a lack of consistency in such decision-making. In some cases, CSC decisions are made unnecessarily, putting patients at risk. They advise re-examining plans for CSC devised before the pandemic to incorporate recent lessons learned.