Res Ipsa Loquitur Flashcards
- Definition
“The thing speaks for itself”
where the thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from want of care
-When is the doctrine applicable?
In cases involving medical negligence, res ipsa loquitur allows the mere existence of an injury itself to justify a presumption of negligence on the part of the person who controls the instrument causing the injury
Limited to cases where the court from its fund of common knowledge can determine the standard of care.
-When is the doctrine not applicable?
In medical malpractice cases, the res ipsa loquitur rule (which allows negligence to be inferred from an accident itself) does not apply when the case is about a doctor’s diagnosis or treatment choice.
Not achieving the expected results from a treatment does not automatically mean malpractice. If a doctor follows standard procedures, unexpected outcomes alone are not proof of negligence.
Doctors are not required to prove why a diagnosis was incorrect or why a treatment did not work. Simply failing to achieve the desired outcome is not enough to claim malpractice.
