New York City, New York (NewYorkInjuryNews.com) — In law we tend to sometimes still use words carried over from Latin. One such phrase is “Res Ipsa Loquitar” meaning literally the thing speaks for itself. As applied to a claim for injuries, it means that the wrongdoing or negligence is so obvious that the act itself proves the case. In a trial the result is that is up to the defendant to prove he was not negligent.
In a medical malpractice case we usually need medical experts to prove that a doctor, hospital to other health care provider did something wrong. What of the case where a surgeon leaves a sponge or tool inside a patient? That is a “res ipsa” case. That is, plaintiff meets his/her initial burden of proof by showing that the sponge was left in him/her and the burden shifts to the defendant to show it was not negligence.
By: Robert Sullivan – Robert G. Sullivan is a Long Island New York Personal Injury Attorney handling medical malpractice, general negligence, motor vehicle and New York construction site accident matters. He is a regular contributor for New York Injury News.