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Griesemer, M. Court of Appeals of Arizona, Division 2. June 27, Rehearing Denied September 29, This appeal is from a summary judgment in favor of the defendants, Tucson General Hospital and Dr. Griesemer, in a medical malpractice action.

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Griesemer, M.

Court of Appeals of Arizona, Division 2. June 27, Rehearing Denied September 29, This appeal is from a summary judgment in favor of the defendants, Tucson General Hospital and Dr. Griesemer, in a medical malpractice hhooker. The hospital contended viola the appellant's claim that its nurse-employee negligently gave him an injection causing damage to his sciatic nerve required the testimony of an expert medical witness that what the nurse did fell below the standard of care.

The motion directed the court's attention to interrogatories requesting the appellant to identify an expert witness.

The interrogatories submitted May 28,were still unanswered on February 12,when the motion was filed. The appellee doctor's motion asserted that the appellant's only claim of negligence against him was "prescribing vistaril and ordering it for the plaintiff. The doctor contends that expert medical evidence is necessary to hookr that this conduct fell below the standard of care.

The motion contains an assertion that no such medical witness can, or does, exist. The hospital's motion contained the stock phrase that the motion should be granted "for tuucson reason that pleadings, depositions and answers to interrogatories show ticson there is no genuine Brinktown Missouri sex dating as to any material fact and that your moving party is entitled to judgment as a matter of law.

The doctor's motion was "on the grounds that the tjcson, depositions and testimony at the Medical Liability Panel Hearing show The record contains hoiker depositions all filed in the superior court in August and September, Braase, taken on July 31,received August 19, ; George F. Martin, M. Weinstein, M. The record does not, however, contain any transcripts from the panel hearing or any answers to interrogatories. The appellant filed no opposition to the motion.

So far as the motions are concerned all the record shows is presence of the Casual Dating Wyalusing Pennsylvania 18853 attorney at the hearing and that "counsel argue said motions to the court. Prior to the filing of the appellees' motions the case was ased to Judge Hooker for the purpose of forming a medical liability review panel pursuant to A.

The panel heard the case August 28, Its decision in favor of each defendant was filed October 20, However, that decision was set aside on the appellant's motion to allow the parties to present closing arguments. Written memoranda were filed in lieu of oral argument and a second panel decision in favor of the defendants was filed May 12, The motions for summary judgment were heard July 19, and taken under advisement.

They were granted September 2, Thus it can be seen that the panel and the summary judgment proceedings were somewhat overlapping. We must decide whether the matters brought to the court's attention by the appellees show: 1 that there is no genuine dispute as to any material fact, and that only one inference can be drawn from those undisputed material facts, and 2 that based on those undisputed material facts the appellees were entitled to judgment as a matter of law.

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State ex rel. Herman, 12 Ariz. We must also view the record in the light most favorable to the appellant. Choisser, supra. However, since there was no response to the motions, uncontroverted evidence favorable to the appellees from which only one inference can be drawn will be pd to be true. Choisser, ibid; Pitzen's Wig Villa v. Pruitt, 11 Ariz. See Choisser, supra ; Pitzen's Wig Villa, supra. Neither the trial court nor this court has a duty to search the record for evidentiary matters which the parties fail to identify.

The factual matters contained in the summary judgment motions, i.

Griesemer prescribed the drug used in the injection, tuscon all contained in the appellant's complaint or other pleadings filed by him. The trial court implicitly held that expert testimony was necessary and we agree.

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The Arizona Supreme Court in Riedisser v. Nelson, Ariz. Cilley, Ariz. Harvey v. Kellin, Ariz. Brown, 51 Ariz. The burden of establishing negligence must be met both at trial and in opposition to the defendant's motion for summary judgment. Riedisser, supra; Abernethy v. Smith, 17 Ariz. We have said that a party opposing a motion for summary judgment must show that evidence is available which would justify a trial of that issue.

Crocker v. Crocker, Ariz. Benchimol, Ariz. The appellant attempts to rely on the doctrine of res ipsa loquitur. That doctrine is not applicable vulla this fact situation. Res ipsa is essentially a rule of circumstantial evidence where the trier of fact is permitted, but not required, to draw an inference of negligence from the happening of an accident of a kind which experience has shown does not normally occur if due care is exercised. O'Donnell v. Maves, Ariz.

The conditions necessary for the application of the res ipsa loquitur doctrine are: 1. The accident must be of a kind which ordinarily does not occur in the absence of someone's negligence; 2. It must be caused by an agency or instrumentality within the exclusive control tucsonn defendant; 3. It must not have been due to any voluntary action on the part of the plaintiff; 4. Plaintiff must not be in a position to show the particular circumstances which caused the offending agency tucspn instrumentality to operate to his injury.

Maves, supra ; Tiller v. Von Pohle, 72 Women fuck buddies in Glendale. Doctors Hospital, Inc. The res ipsa doctrine will only be applied when it is a matter of common knowledge among laymen or medical men, or both, that the injury would Housewives want real sex Foss ordinarily have occurred if due care had been exercised.

The mere fact that an occurrence is rare does not lead to the application of the doctrine. There must be evidence that the event or injury is more likely than not, the result of negligence. Falcher v. Luke's Hospital Medical Center, 19 Ariz. Harris v. Campbell, 2 Ariz. However, unless it is within the realm of the laymen's experience, medical evidence is required to show the plaintiff's injury is of a kind which ordinarily does not occur in the absence of someone's negligence.

Gaston v.

Hunter, Ariz. Nelson, supra. Arizona has applied the res ipsa loquitur doctrine in the following cases.

In Dodson v. Pohle, 73 Ariz. Wilson, 51 Ariz. In Tucson General Hospital v. Russell, 7 Ariz. In Tiller v. Von Pohle, supra, the plaintiff submitted to surgery. Two years later the same physician again did surgery in the same area and found a cloth sack there.

The Arizona courts have refused to apply the doctrine of res ipsa loquitur in the following cases. In Harris v. Campbell, suprathe plaintiff's vagina shortened after a hysterectomy. The court found that the medical evidence did not support an inference of negligence and that the result was an inherent risk of the operation. In Faris v. Doctors Hospital, supra, the plaintiff complained of a herniated disc following a surgical procedure to drain an abscess in the pelvis. The medical opinions were that such condition could be caused by numerous possibilities.

The court, therefore, held that there was no evidence that the injury complained of would not have normally occurred in the absence of someone's negligence. In Falcher v. Luke's Hospital Medical Center, suprahe plaintiff was left by a nurse on a hospital cart and when the nurse returned the patient had fallen off. Neither medical nor lay persons testified that the event was more probable than not the result of negligence and therefore the doctrine was not followed.