States v. Lourdes Hospital

792 N.E.2d 151 (2003)

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Nature of the Case

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Facts

P underwent surgery at D for removal of an ovarian cyst. The cyst was successfully removed. P's right arm was placed on a board, extended outward from her body and rotated. An IV tube was then inserted into her right hand in order to administer anesthesia. P complained of pain and a burning sensation when the tube was inserted. When P awoke, she complained of increasing pain in her right arm and shoulder. P has been diagnosed with right thoracic outlet syndrome and reflex sympathetic dystrophy. The cause of the injury is in dispute; however, P alleges negligence in the positioning of her arm during surgery. Specifically, plaintiff believes her arm was negligently hyperabducted beyond a 90-degree angle for an extended period of time. D moved for summary judgment on the ground that there was no direct evidence that Ps arm was hyperabducted during surgery and no evidence of any other negligence. Conceding the absence of direct evidence of negligence, P opposed the motion, submitting expert medical opinion that her injuries would not have occurred in the absence of negligence. P claimed this testimony could be used by a jury in support of a res ipsa loquitur theory. The Supreme Court denied the motion. The Appellate Division reversed, holding that the inference was not permitted since P's injury was not the sort as to which a jury could draw upon its common knowledge and experience to conclude that it would not have occurred in the absence of negligence. P appealed.