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RES IPSA loquitor

The patient need not prove negligence in case where “Thing or fact speak for itself. Applicable in both civil and criminal negligence.


The following condition should satisfy.
  1. That in Absence of negligence the injury would have not occurred.
  2. That the doctor had exclusive control over the injury producing instrument or drug.
  3. That the patient was not guilty of contributory negligence.
    1. failure to give anti tetanus serum in injury.
    2. Burn from hot water bottle or from x ray therapy.
    3. Giving overdose of medicine  ill effects.        
    4. Breaking of needle inside the body.
    5. Blood transfusion misadventure.            
    6. Loss of use of hand due to prolong splinting

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