CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........Res Ipsa Instruction Proper
............Surgical or Hospital Malpractice
8 Cards On This Topic:

If patient falls during X-ray procedure, probably result of negligence.

Expert testimony re standard of care not required where accident of type which does not normally occur absent negligence.

Trial court did not err in giving res ipsa instruction re foreign body left in P's body nor in instructing that finding of negligence must be based on expert testimony.

Prejudicial error to instruct jurors to disregard common knowledge in favor of expert testimony in surgical negligence case tried on RIL theory.

RIL test usually not problem in surgical malpractice cases. Test for directed negligence verdict stated.

Conditional RIL instruction mandatory in medical malpractice case when P shows D negligent, even if negligence not shown to be cause of injury. RIL burden described.

Policy considerations favor conditional RIL instructions in medical malpractice cases due to complete trust placed in treating physicians.

RIL proper in surgical malpractice case where D could not prove who caused injury.