Word: loquitur
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...beach, or hit the books? Reality TV, or res ipsa loquitur...
...that are written are in plain English for a change." The spark ignited by the President has been slow to take hold. The U.S., after all, is a land flowing with torts and breaches, and much in thrall to the legal profession. But the forces of hereinafter, res ipsa loquitur and-party of the first part are now clearly on the defensive...
...Melvin Belli, "you'd walk into court suing a doctor, and the judge would laugh at you." Now many courts have made such suits easier. In several states, lawyers are allowed to cite medical textbooks as expert testimony in some malpractice cases. Under the doctrine of res ipsa loquitur (the thing speaks for itself), a plaintiff proves a major portion of his case when he shows that his injuries would not normally have occurred without negligence. In turn, the defendant is forced to produce evidence that he was not negligent. Doctors' changing attitudes have also helped aggrieved patients...
...Brooklyn Family Court Judge Harold Felix has attacked all that in the case of an infant whom a hospital found suffering from broken legs and ribs. Charged with abuse, the parents sought dismissal for lack of evidence against them. Judge Felix invoked the negligence-law principle of res ipsa loquitur (the thing speaks for itself). When he got no satisfactory explanation, he took the child away from its parents, setting a precedent that courts in other states may well find persuasive...
...Ipsa Loquitur. A.M.A. studies show that two-thirds of malpractice claims originate from in-hospital incidents. Sponges occasionally are sewn into patients' stomachs (a group of California hospitals recently reported a run on "lost sponges"-18 in a single year). Obstetricians have been known to deliver one baby and quit, leaving its twin behind. Surgeons have removed a kidney only to discover that one is all the patient had. A more common cause: transfusions of mismatched blood, which kill about 3,000 patients a year in the U.S., injure thousands more. In such cases, where human error is clearly...