Barber v. Manatee Memorial Hospital, Limited Partnership

An unconscious ICU patient treated for a drug overdose awoke with unexplained bilateral hip fractures; the trial court granted summary judgment for the hospital because there was no direct evidence of a negligent act. The Second District reversed, holding Barber satisfied the prerequisites for res ipsa loquitur \u2014 injuries unrelated to treatment, exclusive control, and injuries that do not ordinarily occur absent negligence \u2014 and that the resulting inference creates a genuine dispute of material fact defeating summary judgment. The court also held the hospital's failure to investigate the cause of the injuries was relevant and admissible (with a limiting instruction) to show the absence of evidence about causation.

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