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
Correct Answer ยป 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.