The doctrine of res ipsa loquitor

Dear PAO,

Last month, a tumor was discovered in my niece's brain, which necessitated her undergoing brain surgery. During the operation, she suffered hypothermia. Consequently, the designated anesthesiologist allegedly ordered the application of a water bag. Unfortunately, the water bag ruptured, which resulted in third-degree burns to some parts of my niece's body. Is the doctrine of res ipsa loquitor applicable to hold the doctor liable?

Samson

Dear Samson,

«Res ipsa loquitor» literally means «the thing speaks for itself.» It is a rule of necessity which may be resorted to where evidence is absent, or not readily available, but that which caused the injury was under exclusive control of the defendant, and that injury would not have happened had the defendant observed due care and management. However, where the defendant's alleged failure to observe due care is not immediately apparent to a layman, res ipsa loquitor is not applicable. This finds support in the latest decision of the Supreme Court in the case of Spouses Nuñez vs. Dr. Henry Daz, GR 246489, Jan. 29, 2024, penned by Associate Justice Maria Filomena Singh, which held that:

«Res Ipsa Loquitor literally means 'the thing or the transaction speaks for itself'. It is not a tool which automatically points liability to a party, but a mere mode of proof or procedural convenience. The doctrine can be invoked only when, under the circumstances involved, direct evidence is absent and not readily available.

»Its elements are: (1) the accident was of a kind that does not ordinarily occur unless someone is negligent; (2) the instrumentality or agency that caused the injury was under the exclusive control of the person charged; and (3) the injury suffered must not have been due to any voluntary action or contribution of the person injured.

«As a general rule, expert testimony in malpractice suits is necessary in proving that a physician has done a negligent act or has deviated from a standard medical procedure. However, res ipsa loquitor has been invoked in medical malpractice cases where the circumstances attendant upon the harm are, themselves, of such a character as to justify an inference of