res ipsa loquitur


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res ipsa loquitur

[rās′ ip′sə lok′witoo͡r]
Etymology: L, the thing speaks for itself
a legal concept, important in many malpractice suits, describing a situation in which an injury occurred when the defendant was solely and exclusively in control and in which the injury would not have occurred had due care been exercised. Classic examples of res ipsa loquitur are a sponge left in the abdomen after abdominal surgery or the amputation of the wrong extremity.
Latin for ‘the thing speaks for itself.’ A legal doctrine under which a plaintiff’s burden to prove a defendant’s negligence is minimal and may not require expert witnesses as the details of the incident are clear and understandable to a jury—e.g., foreign objects, gauze, surgical instruments, left in the patient during surgery

res ipsa loquitur

The thing speaks for itself Law & medicine A legal doctrine under which a plaintiff's burden to prove negligence is minimal as the details of the incident are clear and understandable to a jury–eg, foreign objects left behind during surgery, eg towels. See Medical malpractice.

res ip·sa lo·qui·tur

(res ip'să lō'kwi-tŭr)
The thing speaks for itself; the circumstantial evidence (of malpractice) is obvious and does not require an expert witness to testify.
[L.]

res ip·sa lo·qui·tur

(res ip'să lō'kwi-tŭr)
Latin meaning the thing speaks for itself.
[L.]

res ipsa loquitur (rās´ ip´sə lō´kwi-toor),

adj a Latin phrase meaning “the thing speaks for itself.” Used in actions for injury by negligence in which the happening itself is accepted as proof.
References in periodicals archive ?
158) If federal courts should define attempt according to the common law, should they use a proximity approach, the res ipsa loquitur test, or the probable desistance test?
See id at 440 (agreeing with application of res ipsa loquitur and affirming jury verdict for plaintiff, but also arguing for "absolute" liability).
Most courts in the USA and the UK recognise the use of the res ipsa loquitur doctrine, which then creates an inference of negligence but in most cases does not necessarily lead to a guilty verdict.
1994) ("Given the power of res ipsa loquitur to satisfy without further proof the element of negligence and the consequent caution with which it should be applied, we think that where the plaintiff relies upon 'common knowledge' to invoke the doctrine, the fact that such events do not 'ordinarily' occur 'without negligence' must be based upon a widespread consensus of a common understanding.
The second element of res ipsa loquitur is that the instrumentality causing the injury must have been in the exclusive control of the defendant prior to the accident, exclusive control is missing, the party who was careless in the maintenance of the item causing the injury may not have been the defendant, but rather someone else with access.
between the emergence of an independent doctrine of res ipsa loquitur in
Whereas the doctrine of res ipsa loquitur is used to establish negligence, the rule in Rylands v.
Res ipsa loquitur and strict liability in tort for defective products may appear to be distinct legal constructs, yet both spring from the same doctrinal foundation in that they assist plaintiffs in establishing liability when direct proof is beyond their reach.
REGINALD HALL (COLLECTIVELY DEFENDANTS) ALLEGING THAT UNDER THE DOCTRINE OF RES IPSA LOQUITUR (RIL) THE DEFENDANTS WERE LIABLE FOR NEGLIGENCE IN ALLOWING JEANIENE TO FALLOFF A HOSPITAL GURNEY.
The court held, inter alia, that the trial court had not erred in denying the plaintiff's motion for summary judgment, which she brought under the doctrine of Res Ipsa Loquitur (RIL).
This is a case of res ipsa loquitur, which means the tortfeasor takes the patient as he finds him.
Allowing the doctrine of res ipsa loquitur in medical cases will not be advantageous to patients.