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Sides v. St. Anthony's Medical Center

Supreme Court of Missouri

258 S.W.3d 811 (2008)

Relevant factsFree

Mrs. Sides (plaintiff), who developed an E. coli infection following back surgery performed by Dr. Lee at St. Anthony's Medical Center (defendants), sued under a res ipsa loquitur theory, arguing the infection type doesn't ordinarily occur absent negligence, she was unconscious and her body and the surgical equipment were entirely under the defendants' control, and the defendants had superior access to information about the infection's cause; the trial court dismissed the case, finding expert testimony couldn't support a res ipsa loquitur medical malpractice theory, and the Missouri Court of Appeals transferred the case to the state supreme court.

IssueFree

Whether Missouri courts should allow expert medical testimony in medical malpractice cases based on a theory of res ipsa loquitur.

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