Recently, judges have quoted the legal principle of “Res Ipsa Loquitur” in verdicts confirming medical negligence and awarding compensation – more so in cases of missing fetal anomalies.
What is “Res Ipsa Loquitur”?
It is a doctrine in law which literally means “The thing speaks for itself”. So the defendant’s negligence may be presumed and thus does need not be proven. Burden of proof shifts from the plaintiff to the defendant and then the defendant has to disprove the accusations made upon him.
How does it concern the person performing sonography?
Even though this principle may be applied in many cases of alleged negligence in both general sonography and obstetric sonography, it is very often applied in case of missed fetal anomalies that are externally obvious. The best way to avoid such a situation is follow the “Guidelines of practice” diligently in letter and spirit. But as expected it is more complex.
If you wish to go through the verdicts and discussion on the topic in detail please listen to AV presentation “Litigation & Sonography” at www.sonoshare.in
