The doctrine of res ipsa loquitur ('the thing speaks for itself') in medical negligence is applicable when:

• A The patient sustains any adverse outcome during a medical procedure
• B The injury could only have occurred as a result of someone's negligence, the defendant had exclusive control of the instrumentality, and the plaintiff did not contribute to the harm ✓
• C Expert testimony is available confirming the standard of care was breached
• D The doctor refuses to produce medical records, raising an inference of guilt

Explanation

Res ipsa loquitur is a common law doctrine that allows negligence to be inferred without direct proof when: (1) the type of harm does not normally occur without negligence; (2) the defendant had exclusive control over the causative agent; and (3) the plaintiff was not contributorily negligent. Classic examples in medicine include retained surgical instruments, wrong-limb surgery, and burns from diathermy equipment on anaesthetised patients. The doctrine shifts the burden to the defendant to explain the injury. Adverse outcomes alone, refusal to produce records, or expert testimony each have different legal significance.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

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Written and medically reviewed by the StethoPrep medical team.