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ORKIN v. HOLY CROSS HOSPITAL

No. 32, September Term, 1988.

318 Md. 429 (1990)

569 A.2d 207

IRENE R. ORKIN v. HOLY CROSS HOSPITAL OF SILVER SPRING, INC. ET AL.

Court of Appeals of Maryland.

February 7, 1990.

Attorney(s) appearing for the Case

John J. Sellinger (Barry J. Nace, Paulson, Nace, Norwind & Sellinger, all on brief), Rockville, for petitioner.

David A. Levin (Michael T. Wharton, Digges, Wharton & Levin, all on brief), Annapolis, Albert D. Brault (Janet S. Zigler, Brault, Graham, Scott & Brault, all on brief), Rockville, for respondents.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

McAULIFFE, Judge.

The question of the applicability of the concept of res ipsa loquitur is involved in this medical malpractice case. Contrary to the view taken by the trial judge, however, resolution of that question is not dispositive of this case. To some extent, the problem is one of semantics. As we pointed out in Meda v. Brown, 318 Md. 418, 569 A.2d 202 (1990), filed today, the proper...

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