What Is Res Ipsa Loquitur?
Res Ipsa Loquitur is a legal doctrine that may allow a fact finder to infer negligence from the nature of an event when the event ordinarily does not occur without negligence, the relevant instrumentality was under the defendant’s control, and the injured person did not cause the harm.
Quick Facts About Res Ipsa Loquitur
Category
Evidence doctrine
Used for
Negligence claims
Common confusion
Not automatic proof of liability
Also called
The Thing Speaks for Itself, Res Ipsa
Often discussed with
Medical Malpractice Lawyer
Key Takeaways About Res Ipsa Loquitur
- The event itself may support an inference of negligence.
- Control over the cause of harm remains a practical issue.
- The doctrine does not automatically prove malpractice.
How Res Ipsa Loquitur Works
Res Ipsa Loquitur works by connecting an unusual injury with the circumstances surrounding the event. A claimant generally must show that the event is the type that ordinarily does not happen without negligence. The claimant must also connect the likely cause to the defendant’s control and show that the claimant did not cause the injury.
Related glossary terms: Burden of Proof, Causation, Expert Witness.
In a medical malpractice case, the doctrine may help when direct evidence about a procedure or device is difficult to obtain. The doctrine does not identify the exact careless act by itself. Medical records can show who performed the procedure, what equipment was involved, and how the injury developed. An expert witness may help explain whether the event usually indicates a breach of the applicable medical standard.
From the Atlanta Auto Law team
When we assess Res Ipsa Loquitur, we examine the medical records, treatment timeline, and control of the instrument or procedure involved. We also test whether the injury could have resulted from the patient’s own conduct or from a cause outside the provider’s control. That analysis helps us identify the evidence needed for a malpractice claim.
Res Ipsa Loquitur in Practice: A Real-World Example
A patient undergoes a procedure and later suffers an injury that ordinarily would not occur if the equipment and procedure were handled properly. The patient may argue that Res Ipsa Loquitur supports an inference of negligence while the medical records and expert testimony clarify what happened.
Related Services
Related Terms
Burden of Proof
Burden of Proof is the responsibility to present enough reliable evidence to support a legal claim…
Causation
Causation is the connection between an act or event and the harm that follows. In a…
Expert Witness
An Expert Witness is a qualified professional who applies specialized knowledge to explain technical issues in…
Medical Records
Medical Records are documents that record a person's medical history, symptoms, examinations, diagnoses, treatment, medications, and…
Atlanta Auto Law
Have Questions About Res Ipsa Loquitur?
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