Forensic Medicine · Medical Jurisprudence & Law

Res Ipsa Loquitur vs Novus Actus Interveniens

2 min read · Verified by professors

Res Ipsa Loquitur

Definition

Res Ipsa Loquitur is a Latin term meaning "the thing speaks for itself." It is a legal doctrine applied when the nature of the accident itself is sufficient to imply negligence, even without direct evidence.

Essentials

  1. The accident would not ordinarily occur without negligence.
  2. The instrument causing injury was under the control of the defendant.
  3. The injured person did not contribute to the accident.

Examples in Medical Practice

  • Surgical instrument left inside the abdomen
  • Operation on the wrong limb
  • Wrong blood transfusion
  • Administration of the wrong drug