The doctrine applies where the injury does not ordinarily occur absent negligence, the instrumentality was in the defendant's control, and the plaintiff did not contribute. In medical cases it typically requires expert testimony that the outcome implies negligence.
Retained objects and wrong-site surgery are classic applications.
Alternative Names:
Medical Res Ipsa, Res Ipsa in Malpractice
Why it Matters?
The doctrine is narrow in medicine because most adverse outcomes can occur without negligence, which defeats the first element. It applies cleanly to retained instruments, wrong-site procedures, and injuries to body parts outside the operative field. Where a plaintiff invokes it for a complication with a documented incidence rate, establishing that literature defeats the inference directly.
Frequently Confused with
Related terms
Frequently asked questions
When does the doctrine apply in medicine?
What defeats the inference?
