When Can Res Ipsa Loquitur Be Applied

In medical negligence cases, res ipsa loquitur can be invoked only when: (1) the patient suffers an injury that is not an expected complication of medical care; (2) the injury does not normally occur unless someone has been negligent; and (3) the defendant was responsible for the patient’s well-being at the time of the …

When can you apply res ipsa loquitur?

It will only be applied if the plaintiff can show through circumstantial evidence that their injury was more likely than not caused by the defendant. In reality, it is a high standard to meet.

When would a plaintiff use the doctrine of res ipsa loquitur?

Elements of Res Ipsa Loquitur The plaintiff must demonstrate three res ipsa loquitur elements to prove the defendant’s negligence: The event could not have happened unless negligence took place. The event that occurred was exclusively in the control of the defendant. The plaintiff could not have caused the incident.