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COSTON v. BIO-MEDICAL APPLICATIONS

In a medical negligence case alleging that defendant's employees placed the plaintiff in a defective chair for a kidney dialysis procedure, even though they had knowledge that the chair was not safe, the allegations, if proven at trial, would be sufficient to establish a prima facie case of medical negligence without the necessity of expert testimony. Based upon these allegations, the issue whether the acts or omissions constitute medical negligence is within a jury's common knowledge and experience and, therefore, expert testimony is not necessary. The judgment of the circuit court is reversed and the case is remanded for a trial on the merits.