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Cleveland State Law Review

1968

Medical malpractice

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Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder Jan 1968

Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder

Cleveland State Law Review

The "Cloak of Protection encompassing the physician in the practice of his profession" is no longer to be taken for granted. Recent decisions in Alaska, California, Louisiana, Oregon, and Wisconsin have swept aside the traditional limitations in the use of the res ipsa loquitur doctrine. They impose all but strict liability upon the medical profession for mistakes occurring during treatment or surgery.