Expert Testimony – Carl R Massey v. Mercy Medical Center Redding, 2009 DJDAR 17759 (December 22, 2009)

This action for negligence against a nurse and, vicariously, the hospital that employed the nurse involved a post-operative patient who sustained injury after falling from a walker.  The nurse had placed plaintiff on the walker and then left him unattended.

The appeals court concluded that the question of the nurse’s alleged negligence for the fall posed a question of common knowledge and therefore did not require expert opinion testimony.  Consequently, the appeals court reversed that part of the trial court’s judgment that concluded otherwise and that dismissed the negligence action after plaintiff made his opening statement.

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