Philippine Bar review · Topic

Res Ipsa Loquitur

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Practice questions

  1. Does proof of equipment ownership alone necessarily resolve who properly selected or used it in a medical procedure?
  2. Several staff members may have prepared a ruptured water bag, and no evidence establishes that the defendant physician …
  3. The propriety of a hypothermia treatment involves technical questions not immediately apparent to a layperson. May a cl…
  4. The actual cause of an injury is established by direct evidence. A claimant asks the court to disregard that evidence a…
  5. A hospital instrument fails, but the evidence does not connect its preparation or control to the individually sued phys…
  6. Explain why Nuñez did not infer exclusive control of a ruptured hospital water bag from the defendant’s role as anesthe…
  7. Distinguish expert evidence on proper medical use of equipment from an inference based on an accident within common kno…
  8. Why does res ipsa not authorize disregarding direct evidence establishing the actual cause of an injury?