De Falco v. Long Is. Coll. Hosp

In De Falco v. Long Is. Coll. Hosp., 90 Misc 2d 164 (Kings Co Sup Ct 1977), plaintiff developed an eye infection after cataract surgery, leading to the loss of his right eye. A witness had observed a nurse pick up an eye patch that had fallen to the floor and then replace the patch on plaintiff's eye. De Falco, Id at 171. "Reasoning that this testimony was credible, the plaintiff proposed that the jury [or fact finder] might also draw a double inference therefrom, first that the fallen eye patch picked up enterobacter and staph albus germs from the floor, and second that these specific organisms thereby entered the plaintiff's eye and caused the infection. This attempted syllogism lacked an expert's explanation to show how enterobacter and staph albus bacteria are spread and how these germs cause infection, for . . . [the fact finder] may not speculate as to negligence or causal connection . . . nor can the common experience and knowledge of . . . [the fact finder] bridge this scientific gap . . . ." [Id].