CONDITIONS FOR RES IPSA LOQUITUR
1. The accident ordinarily could not have occurred in the absence of negligence.
2. The instrument causing the injury is apparently in the exclusive control of the
defendant.
3. The person suing did not contribute to the difficulties.
4. Evidence of the true cause is inaccessible to the person suing.
5.
An injury has occurred.
Figure 5-1. Five conditions for res ipsa laquitur.
5-2.
WHO IS LIABLE?
There are three types of liability: personal liability, liability for employees and
agents, and institutional liability.
a. Personal Liability. Individual staff members are personnel liable for the
consequences of their own acts. This liability is nearly always based on the principle of
fault. To be liable, the person must have done something wrong or must have failed to
do something that should have been done.
b. Liability for Employees and Agents. Employers can be liable for the
consequence of job-related acts of their employees or agents, even if the employer is
not at fault personally.
c. Institutional Liability. Institutions can also be liable for the consequences of
the breach of duty owed directly to the patient and others, such as the maintenance of
equipment and the selection and supervision of employees and medical staff. Usually
in liability cases, both the hospital and the health professional (physician, radiologist,
and/or nurse) are sued.
5-3.
RESPONDEAT SUPERIOR
a. Employer Liability for Employee Negligence. "Respondeat superior"
literally means, "let the master answer." This doctrine is the legal basis for making
employers liable for the torts of their employees committed within the scope of their
duties.
MD0066
5-3