The “Res Ipsa” Doctrine

Res ipsa loquitur is a Latin phrase which means "the thing speaks for itself." Res ipsa loquitur means that an injured person only has to show that a particular result occurred and would not have occurred but for someone's negligence in his case. The law and courts recognize that medical malpractice claimants face unusual difficulties proving medical negligence, usually due to the medical knowledge required to decipher exactly what a medical provider should have done in a particular medical malpractice case.

If this doctrine is successfully argued in a medical malpractice case, the burden of proof can shift from the injured person to the defendant such that the defendant must prove he was not negligent. To argue res ipsa loquitur, an injured person has to show that her injury is not caused by her own actions, could not have been caused by any other action other than the one in which the doctor had control, and is not of the kind that occurs in the absence of medical negligence. A personal injury lawyer with experience in medical malpractice can explain whether or not the doctrine of res ipsa loquitur might apply in your case.