The limited use of inferred negligence in medical cases

Russell G. Thornton, JD

From Stinnett, Thiebaud & Remington, LLP, Dallas, Texas.

Corresponding author: Russell G. Thornton, JD, Stinnett, Thiebaud & Remington, LLP, 4800 Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202 (e-mail: rthornton@strlaw.net).

With the doctrine of res ipsa loquitur, negligence can be inferred in situations in which there is no direct evidence of negligence or wrong doing. In the context of health care liability claims, a res ipsa loquitur allegation may cause a health care provider some degree of anxiety because expert testimony on the applicable standard of care and a breach of that standard of care is not necessary. Concern about res ipsa loquitur allegations in a health care liability claim is often needless, given that this doctrine has limited applicability in such circumstances. (BUMC Proceedings 2002;15:228-230)