‘Res ipsa loquitur’ in medical negligence legal practice

When the harm is made (physiological or non-pecuniary damage) and the claim is filed, as a rule the claimants are pursuing the goal of getting compensation. To win the case the claimant must prove that there was negligence on the part of the doctor. And this is a tough mission when the doctor is a recognised professional in the business. In this case the courts adjudicating on such claims often refer to ‘res ipsa loquitur’ doctrine, assuming that there was an episode of negligence in the accused party actions. If the defendant can not deny this fact, it is considered that the plaintiff had proved his innocence. The doctrine is widely used in the jurisprudence of the European countries: let’s recollect one of the most resonant cases, pure medical negligence solicitors clashes - Lindsay v. Mid Western Health Board. (more…)