Practice point: The doctrine is appropriate in a medical malpractice case when the injury is unexplained, the injury site is remote from the treatment site and plaintiff was anaesthetized.
Practitioners should note that a plaintiff must show only enough evidence supporting these three conditions to afford a rational basis for concluding that it is more likely than not that the injury was caused by defendant's negligence.
Case: Antoniato v. Long Is. Jewish Med. Ctr., NY Slip Op 00319 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Evidence.
