States v. Lourdes Hosp

In States v. Lourdes Hosp., 100 NY2d 208 (2003) the patient/plaintiff woke up from a surgery to remove an ovarian cyst, complaining of increasing pain in her right arm and shoulder. She had earlier complained of pain and a burning sensation when an IV tube had been inserted in her right hand. After the surgery, due to continuing pain in her right arm and hand, Ms. States was diagnosed with right thoracic outlet syndrome and reflex sympathetic dystrophy. She brought suit solely against the anesthesiologist and the hospital. She claimed that the anesthesiologist was negligent in the manner in which he positioned her right arm during surgery. The Court said first that this was in fact a Res Ipsa case. But despite this designation, the plaintiff still should be able to call an expert, whose testimony "may be properly used to help the jury bridge the gap' between its own common knowledge, which does not encompass the specialized knowledge and experience necessary to reach a conclusion that the occurrence would not normally take place in the absence of negligence, and the common knowledge of physicians" (p.212).