Res Ipsa Loquitur in Medical Malpractice

When you bring forward a medical malpractice claim, you have the burden of proof, meaning you must be able to identify and prove the specific action or medical error that caused your injuries. Unfortunately, it is often difficult to pinpoint what went wrong in the aftermath of a botched surgery or a misdiagnosis. This is where the legal doctrine res ipsa loquitur comes in. The Latin phrase literally means: “the thing speaks for itself.”

Res ipsa loquitur allows our Sarasota medical malpractice lawyers to argue for your case by showing that the type of injury you sustained would not normally happen without medical negligence occurring. Since you were under your physician’s care at the time of your injury, the logical deduction is that your doctor must have committed some kind of negligence.

This doctrine is especially useful in medical malpractice cases where your injury should expressly not have occurred. For example, if a surgical instrument was left in your body, or if your doctor performed surgery on the wrong body part, it becomes obvious that negligence occurred, because “the thing speaks for itself.” Res ipsa loquitur helps us change the burden of proof and argue for your case from a different angle.

If you have further questions about medical malpractice claims and your rights as a victim, please contact us today to schedule a free personal consultation. The Luhrsen Law Group represents medical malpractice victims in the Sarasota and Bradenton areas of Florida.