You might have heard the phrase "Res Ipsa Loquitur" and might have wondered what that means. Technically, it means "The thing speaks for itself."
What exactly does that mean?
It means that if you introduce a document into evidence at trial, let's say a contract, then you can argue that the contract speaks for itself. In reality, a document never speaks for itself. It is subject to interpretation and nuances.
However, in a negligence or medical malpractice case in New York, it has significant legal implications. It mean that the people who are responsible for the happening of the accident or incident had total control of what was happening and, but for someone's carelessness, an accident or injury would not have occurred. What does this really mean?
Let's say you go in for a appendix surgery and wind up with a burn your shoulder. Your shoulder was not part of the surgery, and since you were under anesthesia you clearly did not contribute to the this incident. In that case, the only people who controlled the environment where the doctors and nurses involved in your surgery. Since you could not have contributed, we argue that Res Ipsa Loquitur applies and we would not need to bring in a medical expert to prove that there was wrongdoing.
This is a powerful legal theory that we can use in instances where the patient is under anesthesia, and the doctors and hospital have total control over what is happening.
Watch the video to learn more.
To learn even more about how negligence, accident and medical malpractice cases work in NY, I urge you to explore my educational website http://www.oginski-law.com.
If you have legal questions pick up the phone and call me at 516-487-8207, or send me an email: email@example.com. I can answer your questions; that's what I do every day and I welcome your call.
The Law Office of Gerald Oginski, LLC 25 Great Neck Rd., Suite 4 Great Neck NY 11021 516-487-8207 firstname.lastname@example.org