A Compulsory Research Report Submitted to Mzumbe University - Mbeya Campus College in Partial/Fulfillment of the Requirements for an Award of the Bachelor in Laws (LLB) Degree of Mzumbe University
This work studies a critical analysis of the application of the doctrine of Res Ipsa Loquitur in medical negligence cases, it touches various aspects such as: The importance of the application of the doctrine of Res Ipsa Loquitur in medical negligence cases, that the doctrine in its essence it was established to help plaintiff especially in the part of burden of proof, the plaintiff is now needed to establish the facts only and the application of the doctrine will help him or her in matters of evidence except where expert evidence is necessary. However, the application of the doctrine of Res Ipsa Loquitur in medical negligence cases is not automatically it subject to three requirements of its application, that the thing caused the accident must be in the control of the defendant, that without negligence of defendant the accident could not happen and the defendant fails to explain, its only upon the establishment of all these three elements the doctrine will apply and not otherwise. Despite of its importance the application of the doctrine of Res Ipsa Loquitur in medical negligence cases faces a lot of challenges from the court and also the plaintiff, this is due to the fact that many judges are not well equipped with medical issues and most of the time ignores the application of the doctrine of Res Ipsa Loquitur in medical negligence cases due to lack of sufficient evidence .also plaintiffs (patients) in many incidences of medical negligence they don’t take the case in court and in return the doctrine is not helping them because it is the court where the help is determined, seen and given