Comte v. O'Neil

In Comte v. O'Neil, 125 Ill. App. 2d 450, 454, 261 N.E.2d 21 (1970), the Court held that the "common knowledge" exception did not apply there and contrasted the facts of that case to "a sponge in the abdomen which bespeak[s] to the man in the street some carelessness on the part of somebody." The quoted language does not imply that negligence can automatically be imputed to the surgeon, as opposed to nurses or other parties. However, other cases do so apply the "common knowledge" exception. Nonetheless, they also hold that the inference that the surgeon was negligent is rebuttable.