Question
Principle doctrine shown in the photograph below means?
A. Negligence of Surgeon.
B. Evidence speaks for itself.
C. Liability in negligence.
D. Punishment in negligence.
Show Answer
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Correct Answer » B
Explanation
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Ans:B. Evidence speaks for itself.
Res ipsa loquitur
- Res ipsa loquitur (Latin for “the thing speaks for itself”) is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.
- Typical in medical malpractice
Example:
- Res ipsa loquitur often arises in the “scalpel left behind” variety of case. For example, a person goes to a doctor with abdominal pains after having his appendix removed. X-rays show the patient has a metal object the size and shape of a scalpel in his abdomen. It requires no further explanation to show the surgeon who removed the appendix was negligent, as there is no legitimate reason for a doctor to leave a scalpel in a body at the end of an appendectomy.
Contrast to prima facie
- Res ipsa loquitur is often confused with prima facie (“at first sight”), the common law doctrine that a party must show some minimum amount of evidence before a trial is worthwhile.
- The difference between the two is that prima facie is a term meaning there is enough evidence for there to be a case to answer.
- Res ipsa loquitur means that because the facts are so obvious, a party need not explain any more.
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