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| Name | James v. Wormuth Case Brief Summary | Law Case Explained |
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| Upload Date | This Video Uploaded At 04-09-2020 19:42:59 |
| Video Discription | Get more case briefs explained with Quimbee. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks ► https://www.quimbee.com/case-briefs-overview James v. Wormuth | 997 N.E.2d 133 (2013) The doctrine of res ipsa loquitur, which is Latin for the thing speaks for itself, is critical in medical malpractice cases. The patient is likely sedated, and thus can’t testify as to who did what to whom, and doctors’ records might be spotty or nonexistent. But does res ipsa loquitur apply if a doctor does something intentionally? James versus Wormuth provides an answer to that question. While conducting a biopsy, Doctor David Wormuth lost a guide wire inside Marguerite James’s lung. After looking for the lost wire for twenty minutes, Wormuth decided that it was more dangerous to continue searching for the wire than to end the procedure and leave it. In his experience, patients could tolerate wires, and he believed he could remove the wire later if it became problematic. Months later, James complained to Wormuth that pain from the wire was affecting her ability to work. Wormuth then performed a second operation and successfully removed the wire. James sued Wormuth for medical malpractice, arguing that Wormuth committed negligence by not recovering the wire during the first procedure. Wormuth responded that James failed to present any expert testimony regarding the applicable standard of care, and res ipsa loquitur couldn’t apply because the primary issue was the correctness of Wormuth’s judgment in deciding to leave the wire. The trial court granted Wormuth a directed verdict, and James appealed to the New York Appellate Division. The Appellate Division affirmed, ruling that James couldn’t rely on res ipsa loquitur because she alleged that Wormuth negligently decided to leave the wire inside her, not that Wormuth accidentally lost the wire. James appealed to the New York Court of Appeals. Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/james-v-wormuth The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! ► https://www.quimbee.com/case-briefs-overview Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/james-v-wormuth Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► https://www.youtube.com/subscription_center?add_user=QuimbeeDotCom Quimbee Case Brief App ► https://www.quimbee.com/case-briefs-overview Facebook ► https://www.facebook.com/quimbeedotcom/ Twitter ► https://twitter.com/quimbeedotcom #casebriefs #lawcases #casesummaries |
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