Texas Does Not Apply the Doctrine of Res Ipsa Loqitur in Medical Malpractice Cases

The Texas Court of Civil Appeals in Louis v. Parchman held that the doctrine of re ipsa loquitur is not applicable in medical malpractice cases in the absence of “extraordinary circumstances.” Traditionally res ipsa loquitur is a rule of evidence that permits the introduction of circumstantial evidence from which the jury may infer specific acts of negligence by defendant, such as failure to remove a surgical sponge from the body. While the facts of Parchman meant the plaintiff would be unable to utilize any form of res ipsa loquitur, the author suggests Texas courts should adopt one form, either traditional or liberal, of the res ipsa loquitur doctrine as the general rule in medical malpractice cases.