The Doctrine of Res Ipsa Loquitur – Cases of Readily Apparent Malpractice

Res ipsa loquitur is a legal doctrine that allows a plaintiff to establish a prima facie case of negligence by showing that the injury or harm suffered would not have occurred in the absence of negligence on the part of the defendant. The Latin phrase “res ipsa loquitur” translates to “the thing speaks for itself,” and the doctrine is based on the idea that some events are so inherently improbable that they would not have occurred in the absence of negligence.

Under res ipsa loquitur, the plaintiff does not need to prove the specific act of negligence that caused the injury or harm. Instead, the plaintiff must show that the injury or harm was the type of injury that does not normally occur in the absence of negligence, that the defendant had control over the instrumentality or circumstances that caused the injury or harm, and that the plaintiff did not contribute to the injury or harm.

Res ipsa loquitur is often used in cases involving medical malpractice, where the plaintiff may not have direct evidence of the specific act of negligence that caused the injury, but can show that the injury would not have occurred in the absence of negligence. For example, if a patient wakes up from surgery with a surgical instrument left inside their body, res ipsa loquitur may be used to establish a prima facie case of negligence.

While the doctrine of res ipsa loquitur can be a useful tool for plaintiffs, it is not a guarantee of success in a negligence case. The defendant may still present evidence to rebut the presumption of negligence and show that the injury or harm was not caused by their negligence. Additionally, some jurisdictions have limited the application of the doctrine in certain circumstances, such as when the injury or harm was caused by a natural event or when the defendant’s conduct was not within their control.

If you have been injured by malpractice or any act of negligence, give us a call and we can help guide you through the process to ensure your rights are protected – 516-810-8100.

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