The condition of the plaintiff cannot but awaken the sympathy of everyone, but I must hold that there is no evidence before the court legally sufficient to support a verdict in her favor. Res ipsa loquitur – The thing itself speaks. At the conclusion of the trial, Judge Taft instructed the jury to find in favor of the defendant–physician, explaining his reasoning as follows [13]: When a case concerns the highly specialized art of treating an eye for cataract, and for the mysterious and dreaded disease of glaucoma, with respect to which a layman can have no knowledge at all, the court and jury must be dependant on expert evidence. Res ipsa loquitur is usually used when there is no direct evidence of the defendant's negligence. Malpractice Issues in Radiology: Res Ipsa Loquitur. What does “Res Ipsa Loquitur” mean? Res ipsa loquitur è una locuzione latina spesso utilizzata in ambito legale e significa letteralmente "i fatti parlano da soli", assume il significato di cosa evidente, manifesta. “Res Ipsa Loquitur,” commonly referred to as “Res Ipsa,” is a Latin phrase meaning “the thing speaks for itself.”. The California Supreme Court reversed the lower court's dismissal, issuing a written decision that elucidates key features of res ipsa cases [23]: The doctrine of res ipsa loquitur has three conditions: (1) the accident must be of a kind which ordinarily does not occur in the absence of someone's negligence; (2) it must be caused by an agent or instrumentality within the exclusive control of the defendant; (3) it must not have been due to any voluntary action or contribution on the part of the plaintiff. When expert testimony was required to establish the defendant's negligence, however, instructions on res ipsa loquitur AJR Am J Roentgenol. “Res IpsaLoquitur” Literally means: “The thing speaks for itself” The “thing” = the “fact(s)” It is a not a rule/principle of substantive law, but rather a rule of evidence affecting the onus of proof… premised on common sense, fair play and justice. A65-year-old man was referred by his orthopedic surgeon to the outpatient radiology section of a local hospital for myelography and spine CT because of lower back pain and clinical findings suggesting spinal stenosis. Get Book. Expert medical testimony only becomes necessary when there is no fund of common knowledge from which laymen can reasonably draw the conclusion of negligence. The plaintiff's expert asserted that the fault lay with the radiologist or technologists under his supervision at the time. Res ipsa loquitur must be carefully limited, for to say whether a particular error on the part of a physician reflects negligence demands a complete understanding of the procedure the doctor is performing and the responsibilities on him at the moment of injury. The plaintiff then appealed the dismissal to the Illinois Appellate Court. In a minority of states, a plaintiff's expert witness is required in virtually all cases. No other professional malpractice defendant carries this burden of liability without the requirement that plaintiffs prove the alleged negligence to be probably, rather than possibly. Courts across the nation have had to grapple with the question of whether to permit expert medical testimony to be used to educate the jury as to the likelihood that a medical adverse event would take place without negligence. In the typical nonmedical res ipsa personal injury lawsuit, the jury can reasonably draw on experience common to the community to determine whether the adverse event generally would not occur absent negligent conduct. The presumption of negligence continues to exist until the defendant has satisfied the court or jury, by a preponderance of evidence, that he or she was not negligent. As he was passing a shop owned by Mr. Boadle, a dealer of flour, a barrel of flour suddenly fell on Mr. Byrne from a window above the shop. The jury found in the plaintiff's favor, awarding $465,000, but in 2003, the verdict was reversed by the Pennsylvania Supreme Court [21]: Traditionally, a plaintiff must present medical expert testimony to establish that the defendant–physician fell short of the required standard of care and that the breach proximately caused the plaintiff's injury. Ipsa is an early tort doctrine, borrowed from English common law, used to liability! 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