Res Ipsa Loquitur in Medical Negligence Cases

Under the doctrine of “res ipsa loquitur,” a legal term meaning “the thing speaks for itself,” a jury can find medical negligence if the circumstances of an injury are such that it would ordinarily happen only if the defendant were negligent. Expert witnesses might still be needed, especially if there is more than one defendant in the lawsuit.

Expert Witnesses

Medical negligence cases are often “battles of the experts.” With few exceptions, you cannot present a medical negligence claim without using experts. This paper discusses both the legal and practical issues involved in obtaining expert support in a complex case, including a medical negligence claim.