Res Ipsa Loquitur

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1. What is the legal character of res ipsa loquitur?
2. Which is a central requisite for res ipsa under the 2024 Nuñez ruling?
3. What control element does the doctrine ordinarily require?
4. The claimant invokes res ipsa merely because a medical outcome was unfavorable, but the alleged event can ordinarily oc…
5. A plaintiff’s voluntary contribution caused the very occurrence relied on for res ipsa. Can the plaintiff ignore the do…
6. A falling instrumentality causes injury in circumstances that satisfy the ordinary-negligence inference, exclusive cont…
7. A plaintiff proves an accident suggesting negligence but fails to connect the particular injury claimed to the defendan…
8. State the ordinary res ipsa requisites and explain their purpose.
9. Explain why res ipsa is not an independent substantive cause of action.
10. Why does a bad medical outcome alone not automatically trigger res ipsa or eliminate expert evidence in every case?
11. According to Nuñez, when is res ipsa loquitur available concerning direct evidence?
12. Does the defendant’s professional title alone establish exclusive control of every hospital instrument?