Res Ipsa Loquitur: Applicability to Malpractice Case in Texas

Examines the applicability of the doctrine of res ipsa loquitur to medical malpractice claims. Res ipsa has been misunderstood, the author believes, to compel a finding of negligence, when in reality it merely permits a finding of negligence and the survival of a claim against a no-evidence challenge. Hopefully Texas courts will apply the doctrine in appropriate medical malpractice cases.