Res ipsa loquitur means ‘the thing speaks for itself.’ In a case where negligence is evident, the principle of res ipsa loquitur applies and the complainant need not prove anything as the thing, i.e., res proves itself. In such cases, the respondent is required to prove that he has taken due care and performed his duty to repel the charge of negligence.

Following are some illustrations where the principle of res ipsa loquitur has been applied in cases of medical negligence:

• Where a patient sustained a burn from a high frequency electrical current used for electric coagulation of the blood [Clarke v. Warboys, The Times, March 18, 1952, CA]
• Where gangrene developed in the claimant’s arm following an intramuscular injection [Cavan v. Wilcox (1973) 44 D.L.R. (3d) 42]
• When a patient underwent a radical mastoidectomy and suffered partial facial paralysis [Eady v. Tenderenda (1974) 51 D.L.R. (3d) 79, SCC]
• Where the defendant could not diagnose a known complication of surgery on the patient’s hand for Paget’s disease [Rietz v. Bruser (No. 2) (1979) 1 W.W.R. 31, Man QB]
• Where a delay of 50 minutes occurred in obtaining expert obstetric assistance at the birth of twins while the medical evidence suggested that no more than 20 minutes should elapse between the birth of the first and the second twin [Bull v. Devon Area Health Authority (1989), (1993) 4 Med. L.R. 117 at 131.]
• Where, after a surgery under general anesthetic, a patient in the recovery ward sustained brain damage caused by hypoxia for a period of 4-5 minutes [Coyne v. Wigan Health Authority (1991) 2 Med. L.R. 301, QBD]
• Where, after a routine appendicectomy under general anesthesia, an otherwise fit and healthy girl suffered a fit and went into a permanent coma [Lindsey v. Mid-Western Health Board (1993) 2 I.R. 147 at 181]
• When a needle broke in the patient’s buttock while giving an injection [Brazier v. Ministry of Defence (1965) 1 Ll. Law Rep. 26 at 30]
• Where a spinal anesthetic became contaminated with disinfectant as a result of the manner in which it was stored resulting in paralysis in the patient [Roe v. Minister of Health (1954) 2 Q.B. 66. Brown v. Merton, Sutton and Wandsworth Area Health Authority (1982) 1 All E.R. 650]
• Where an infection after surgery in a well-staffed, modern hospital was undiagnosed until the patient sustained crippling injury [Hajgato v. London Health Association (1982) 36 O.R. (2d) 669 at 682]
• Where an explosion occurred during the course of administering anesthetic to the patient when the technique had frequently been used without any mishap [Crits v. Sylvester (1956) 1 D.L.R. (2d) 502]
• In PGI Chandigarh v. Jaspal Singh and others, (2009) 7 SCC 330, the Court held that mismatch in transfusion of blood leading to death of the patient 40 days later, was a case of medical negligence.

Reference: 

1. SCI: V. Kishan Rao vs Nikhil Super Speciality Hospital, 8 March, 2010, Author: Ganguly, Bench: G.S. Singhvi, Asok Kumar Ganguly: Civil Appeal No. 2641 of 2010 (Arising out of SLP(C) No. 15084/2009