Flashcards in Medical Negligence Deck (3)
The defendant had a duty of care to the claimant, there was a breach of that duty. The claimant suffered actionable harm or damage, this damage was caused by the breach.
What is meant by 'res ipsa loquitur' with regard to medical negligence?
The onus of proof of negligence rests with the claimant, unless the mistake is self-evident e.g. removal of wrong limb, not removing forceps/swabs