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#1 Posted : 30 May 2003 10:52:00(UTC)
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Posted By Jonny Hello, Please could anyone explain what this means, and explain some possible scenarios where it is used in real life situations. Thanks alot for your help, regards, Jonny.
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#2 Posted : 30 May 2003 11:08:00(UTC)
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Posted By Gary Levers The translation is "the thing speaks for itself." It refers to situations when it's assumed that a person's injury was caused by the negligent action of another party because the accident was the sort that wouldn't occur unless someone was negligent
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#3 Posted : 30 May 2003 11:11:00(UTC)
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Posted By Andrew Gordon Extracted from a website RES IPSA LOQUITUR Establishing wrongdoing on the part of a health care provider is often difficult. It requires the hiring of experts, in the same field as the health care professional being charged with misconduct, who must testify as to what the defendant should have done under applicable professional standards. Since medical organizations generally discourage those in the medical professions from testifying against one another, it is difficult to find experts who have the integrity to come forward and testify as to misconduct by one of their peers. In addition, many insurance companies providing coverage to health care providers require that they not testify against other providers who are insured by the same company. Proving malpractice is also difficult because the defendants are often the ones who write the medical reports that often form the basis of the suit. Since they are often the only ones who are present and know what really occurred when the negligence happened, and they choose how to describe the event, records are often not descriptive of what truly happened. In addition, some health care providers may frame their reports so as to protect someone guilty of misconduct. Fortunately, the law recognizes that plaintiffs face certain difficulties in proving medical negligence, due in no small part to the fact that they are often not conscious when the negligence occurs. If a patient injured as the result of a medical procedure does not know exactly what caused his or her injury, but it is the type of injury that would not have occurred without negligence on the part of his or her health care provider(s), he or she may invoke a legal doctrine known as "res ipsa loquitur." Translated, this Latin phrase means "the thing speaks for itself," and implies that the plaintiff need only show that a particular result occurred and would not have occurred but for someone's negligence. To invoke this doctrine successfully, a plaintiff has to show that: Evidence of the actual cause of the injury is not obtainable; The injury is not the kind that ordinarily occurs in the absence of negligence by someone; The plaintiff was not responsible for his or her own injury; The defendant, or its employees or agents, had exclusive control of the instrumentality that caused the injury; and The injury could not have been caused by any instrumentality other than that over which the defendant had control. Once this doctrine is successfully invoked, the burden is not on the plaintiff to show how the defendant was negligent, but on the defendant to show that he or she was not negligent. A classic example of the type of case in which this doctrine arises is where a sponge or other medical instrument is left inside a person following surgery. Typically, a medical report will not state "Dr. Smith left forceps in patient's abdomen," and there may be no recorded proof of how or why the negligence occurred. Yet clearly, a surgical instrument would not be left in a patient in the absence of someone's negligence. Also, an unconscious patient certainly cannot be deemed responsible for this type of injury, and it would have been the operating physician and staff who had exclusive control over the surgical tools. Thus, the burden falls not on the patient to prove who left the surgical instrument inside him or her, but on the individual health care providers to try to establish that it was not their negligence that resulted in the injury. If an attending physician, who is an independent contractor rather than an employee of a hospital, can demonstrate that he left the operating room and instructed a nurse, who was a hospital employee, to remove and account for all surgical instruments before the patient was closed, the hospital might be held liable for the negligence of its employee. In any event, the co-defendants rather than the plaintiff do the bulk of the investigation and finger-pointing, which is quite appropriate given the circumstances.
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#4 Posted : 30 May 2003 14:34:00(UTC)
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Posted By Adrian Watson As previously stated "res ipsa loquitur" means "the facts speak for themselves." This doctrine is part of the law of Negligence and applies only where the causes of the accident are unknown but the inference of negligence is clear from the nature of the accident. Under this doctrine a claimant establishes a prima facie case of negligence where (1) it is not possible for him to prove precisely what was the relevant act or omission which set in train the events leading to the accident; and (2) on the evidence as it stands at the relevant time it is more likely than not that the effective cause of the accident was some act or omission of the defendant or of someone for whom the defendant is responsible, which act or omission constitutes a failure to take proper care for the plaintiff’s safety. There must be reasonable evidence of negligence. In order for this doctrine to apply the defendant must be in control of the thing which causes the accident. So, where the thing which causes the accident is shown to be under the management of the defendant or his employees, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. See Halsbury's Laws of England for further details.
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#5 Posted : 30 May 2003 15:14:00(UTC)
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Posted By Jonny Thanks everyone for your very helpful responses. Regards, Jonny.
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#6 Posted : 30 May 2003 17:32:00(UTC)
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Posted By Diane Thomason Just in case of doubt, it does not only apply to medical negligence which is the subject of the passage that Andrew posted. As Adrian indicates it applies to the whole of the law of negligence - any negligence.
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#7 Posted : 30 May 2003 22:16:00(UTC)
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Posted By Jim Walker Jonny, It means "I'm demonstrating my superior interlect, by speaking a dead language".
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#8 Posted : 02 June 2003 10:55:00(UTC)
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Posted By Robert K Lewis Or as a nursery rhyme puts it Sic vir, non vir Sunt me sacci tres Bob
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#9 Posted : 02 June 2003 11:04:00(UTC)
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Posted By Hilary Charlton Just to add to what has become a very silly thread Caesar adsum iam forte Pompeii aderat Caesar sic in omnibus Pompeii in a hat
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#10 Posted : 02 June 2003 16:43:00(UTC)
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Posted By Sean Fraser Been away last week, reading up on what I missed and couldn't resist - apologies in advance! Quod erat demonstrandum!
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#11 Posted : 02 June 2003 16:57:00(UTC)
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Posted By Steve Wood to a straightforward bloke like myself, this is almost as inpenetrable as the "chartered status - a case against" thread!
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#12 Posted : 02 June 2003 17:17:00(UTC)
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Posted By Paul Leadbetter And let's not forget: Nil illegitime carborundum!! Paul
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#13 Posted : 03 June 2003 08:23:00(UTC)
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Posted By Tyler Que?? 8o) Sorry couldn't resist. I have a motto for all health and safety managers, some of you may agree with me: Sen par en excretia!! (please excuse the spelling... it's been a while!)
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#14 Posted : 04 June 2003 09:15:00(UTC)
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Posted By Sean Fraser This is definitely my last contribution to this thread, honest! Following on from the above . . . Semper in faecebus, sol profundum variat To any latin scholars out there - you'll know I didn't study classical languages at school, this is only an approximation! And for those who aren't - We are always in the ****, only the depth varies
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