RES IPSA LOQUITER
Res Ipsa Loquiter is a legal term meaning “it speaks for itself”. In a previous article we spoke about experts and how they are used all the time in all types of cases. One type of case where an expert is not needed in a res ipsa loquiter type of case. In this type of case and expert is not needed because the negligence that the Respondent committed is self evident. For example, if someone goes in for right knee surgery and the doctor operates on the patients left knee, the negligence is self evident. No expert is needed to establish the negligence caused by the Defendant. Similarly, if someone is walking by a two story building and is struck by a falling object from the building, it is also self evident that the act was caused by negligent conduct.
This theory is rarely used except in clear cases as most attorneys are afraid that if the theory isn’t accepted by the Court, the case may be dismissed because the attorney has not hired an expert to establish the Defendant’s negligent conduct.
Most attorneys will attempt to use the res ipsa loquiter theory and will still retain reports just in case the Court refuses to accept the res ipsa loquiter theory.
