CARL E. WASMUTH, M.D., LL.B.
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A malpractice suit against a physician is a civil action based on allegations by the plaintiff that the physician was negligent in making the diagnosis or in prescribing or implementing the treatment. In our system of jurisprudence, in the United States, the plaintiff must prove by expert medical testimony that the defendant failed to exercise reasonable care or skill and therefore is liable for damages. Testimony of the expert witnesses, both of the plaintiff and of the defendant, is heard by the jury, which then reaches its verdict after weighing the medical opinions and other evidence.
The requirement that medical
WASMUTH CE. THE PROBLEM OF RES IPSA LOQUITUR1. Ann Intern Med. ;52:729–732. doi: 10.7326/0003-4819-52-3-729
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Published: Ann Intern Med. 1960;52(3):729-732.
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Print ISSN: 0003-4819 | Online ISSN: 1539-3704
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