Res ipsa loquitur is an evidentiary doctrine that permits negligence to be inferred from the circumstances under which an injury occurred, where the injury would not ordinarily occur in the absence of negligence. It can be applied in medical malpractice actions involving appropriate fact patterns—most often ones stemming from injuries sustained during surgical procedures.
A decade has passed since this column last discussed the application of the doctrine to medical malpractice actions.1 During that time, a number of appellate decisions have addressed the subject, the most recent of which is from the Court of Appeals. This month’s column reviews these decisions and their impact.
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