Tuesday, May 15, 2012
Res Ipsa Loquitur is a latin phrase that means 'The thing speaks for itself'. Now what does that really mean?
This legal doctrine is used in cases in New York where the injured victim did not participate in causing or contributing to their own injury. Where the wrongdoer was in control of the environment and the only explanation for the injury is that the person who committed the wrongdoing had to have been careless or negligent.
Here is an example:
You go in for surgery to have your shoulder repaired and come out with a burn to your hand. You are under general anesthesia and asleep. Therefore, there is no way for you to have contributed to the happening of this injury. The intended surgical procedure was to fix your shoulder. There is actually no reason for anything to happen to your hand.
How else can you then explain a 3rd degree burn to your hand following surgery?
This doctrine allows us to establish responsibility on the individuals who were in control of the surgical operating room including the doctors, nurses, hospital and technical staff. It also allows us to establish liability without the need for bringing in a medical expert specifically to explain to the jury how and why this injury occurred.
Watch the video to learn more.
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.Oginski-Law.com.
If you have legal questions, I encourage you to pick up the phone and call me at 516-487-8207 or by email at firstname.lastname@example.org. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021