birth of res ipsa loquitur
within the larger historical narrative of
In 1990, the Texas Supreme Court addressed the applicability of res ipsa loquitur
in medical malpractice cases.
LEGAL COMMENTARY: The Doctrine of Res Ipsa Loquitur
has been described by the court as follows: "Res Ipsa Loquitur
is a doctrine addressed to those situations where the facts or circumstances accompanying an injury by their very nature raise a presumption of negligence on the part of [a] defendant.
Dean, breach of contract, Res Ipsa Loquitur
(RIL), and breach of informed consent.
In addition, the court found that the plaintiffs failed to satisfy the elements for the application of the doctrine of Res Ipsa Loquitur
Subsequently, the plaintiff argued for leave to file a count relying on the doctrine of Res Ipsa Loquitur
The court further noted that there is a "common knowledge" exception to the Affidavit of Merit Statute in that no affidavit of a medical expert is required in cases in which the plaintiff intends to rely upon the application of the Doctrine of Res Ipsa Loquitur
It is respectfully submitted that not all courts would have decided this case as the Washington courts did The case fails to indicate whether the plaintiffs attempted to argue that the doctrine of Res Ipsa Loquitur
was applicable in this case (assuming that the doctrine or something analogous to it is recognized under Washington law.
Whether the trial court erroneously failed to submit the plaintiffs request for a charge that the doctrine of Res Ipsa Loquitur
The court rejected the plaintiffs' contention in this regard since the case was far from one even close to approaching the type of case to which the well-known doctrine of Res Ipsa Loquitur
(RIL) would be applicable.
Subsequently, the patient brought suit against the hospital alleging negligence and specifically pleading that the doctrine of Res Ipsa Loquitur
(RIL) was applicable.
The court rejected the patient's contention that the doctrine of Res Ipsa Loquitur
(RIL) was applicable in this case.