Question

Legal and Ethical Issues for Health Professions – Case Studies Appendix D Case Study 11. Res Ipsa Loquitur. Should the judge have given the resp ipsa loquitur instruction to the jury in this case? Is there any evidence of how the fall occurred? Could it have occurred in the absence of negligence? Can all causes of the fall other than defendants negligence be ruled out with no evidence presented to establish what actually happened?

Answer 1

1. The judge should have given the resp ipsa loquitur instruction to the jury in the case.

2. There is no evidence of how the fall occurred.

3. No it could not have occurred in the absence of negligence, because he was bed ridden and was not able to move.

4. The causes of the fall other than defendants negligence can be ruled out with no evidence presented to establish what actually happened.