Res ipsa loquitur generally permits a finding of breach in medical malpractice cases when:

• A. Direct evidence of negligence
• B. The event would not ordinarily occur without negligence
• C. Assessment of damages only
• D. Determination of standard of care

Answer: (B)

Res ipsa loquitur is a doctrine that allows an inference of breach when the injury would not ordinarily occur in the absence of negligence and the defendant had control over the instrumentality that caused the injury. In medical malpractice, this means that if something happened that typically indicates negligent care and the clinician or facility controlled the source of harm, the plaintiff can establish breach without proving the exact negligent act. The event “speaks for itself,” so to speak, and it shifts the burden to the defendant to show that there was no negligence or to offer a legitimate alternative explanation.

This is not about direct evidence of negligent act, nor does it set damages or define the standard of care. It’s about proving breach through the unusual nature of the injury and the control over the instrumentality involved.