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STATES v. LOURDES HOSP.

100 N.Y.2d 208 (2003)

792 N.E.2d 151

762 N.Y.S.2d 1

KATHLEEN STATES et al., Appellants, v. LOURDES HOSPITAL, A DAUGHTER OF CHARITY HOSPITAL, et al., Defendants, and RIVERSIDE ASSOCIATES IN ANESTHESIA, P.C., et al., Respondents.

Court of Appeals of the State of New York.

Decided May 6, 2003.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany (Michael J. Hutter, Jr. of counsel), Cherundolo, Bottar & Leone, P.C., Syracuse, and Foley, McLane, Foley, McDonald & MacGregor, P.C., Scranton, Pennsylvania, for appellants.

Levene Gouldin & Thompson, LLP, Binghamton (David M. Gouldin, Margaret J. Fowler and Gary C. Tyler of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

CIPARICK, J.

The first prerequisite for invocation of the doctrine of res ipsa loquitur, and the inference of negligence it permits, is that the injury-causing event be of a kind that ordinarily does not occur in the absence of negligence. In Kambat v St. Francis Hosp., we held that res ipsa loquitur was available in "a narrow category of factually simple medical malpractice cases...

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