MEDICAL MALPRACTICE SUIT AND THE APPLICABILITY OF THE DOCTRINE OF RES IPSA LOQUITUR: HOW FAR TO GO?

Authors

  • Dr Rajib Majumdar Medico Legal Consultant Amity Institute of Advanced Legal Studies Amity University Noida Author
  • Abhishek Majumdar Symbiosis Law School Noida, Symbiosis International (Deemed) University Author

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DOI:

https://doi.org/10.55662/

Keywords:

Medical, Negligence, Tort Law, Res Ipsa Loquitur

Abstract

According to Black's Law Dictionary Res Ipsa Loquitur, a Latin maxim implies "the thing speaks for itself". This is an important doctrine of Tort Law, wherein the factual aspects of a happening are so evident so as to speak for itself. When this is extended and applied to a case of a medical negligence in certain very obvious cases whereby the negligence glaringly speaks for itself, substantiates this maxim.

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Published

20-04-2018

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Copyright © 2026 by Dr Rajib Majumdar, Abhishek Majumdar

The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.

How to Cite

Dr Rajib Majumdar, and Abhishek Majumdar. “MEDICAL MALPRACTICE SUIT AND THE APPLICABILITY OF THE DOCTRINE OF RES IPSA LOQUITUR: HOW FAR TO GO?”. International Journal of Legal Developments & Allied Issues, vol. 4, no. 2, Apr. 2018, pp. 201-9, https://doi.org/10.55662/.

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