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Res Ipsa Loquitur

           Res ipsa loquitur literally means "the thing speaks for itself". It implies that the claimant only needs to show that an outcome occurred and would not have occurred but for someone's negligence.

           In order to invoke the doctrine of Res ipsa loquitur, you need expert testimony. The expert must testify that the defendant did not practice acceptable medical standards in the case. He must state that the injury would have been avoided, had the doctor not been negligent.

Invoking this doctrine is not an easy task in a malpractice suit. This is due to various reasons:

• Doctors generally discourage each other from testifying against their colleagues.
• Your doctor is the only one who has full knowledge of the case, since he was the only one present. So, if he knows he is guilty, he can distort the facts as he likes.
• The hospital will try to protect its own doctor. For this reason, they may also distort the facts.
• Many insurance companies require that doctors should not testify against other doctors insured by them.

           For these reasons, it is difficult to find experts who will come forward and testify against one of their own. After all, they may be in the same situation some day. They will then depend on the support from their peers.

           However, in clear cut cases, this doctrine can be invoked easily. For example, in case of surgical errors, a surgeon might make a wrong incision. It is then the responsibility of the surgeon to prove that his negligence did not cause injury.

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