Application of Dostrine of Res Ipsa Loquitur in American Medical Tangle

In medical tortious lawsuits in America, the prosecutor can benefit from the doctrine of res ipsa loquitur if he or she can provide evidence for the following factors: (1) the damage he or she suffers if of such a nature that it won't happen unless there is a malpractice; (2) the damage he or she suffers is caused by the instruments that the defendant uses exclusively; and (3) other possible causes have been completely excluded by evidence so that the jury can reasonably draw the conclusion of the possible malpractice of the defendant. The application of the doctrine of res ipsa loquitur makes it unnecessary to look for direct evidence of malpractice. This doctrine can be used for reference in dealing with similar lawsuits in China.