Legal Method - Case Summary Essay Example | Topics and Well Written Essays - 2000 words

Legal Method - Case Summary - Essay ExampleThe Court of Appeal in like manner order that negligence could be inferred. The defendant then appealed to the HKC.The legal issue at the heart of this case was the extent to which the doctrine of res ipsa loquitur can be successfully claimed in relation to the facts of the case and the trial judges ruling. Pursuant to the doctrine of res ipsa loquitur, the defendant would be liable if upon the evidence presented, it was found that the damage complained of, was such that it would not have occurred but for the defendants negligence and wounding itself was inside the parameters of the defendants duty of care sexual congress to the plaintiff.The doctrine of res ipsa loquitur is especially relevant in medical cases alleging negligence where the plaintiff is not conscious and the medical professional administers care that is presumably within his/her knowledge and outside of the plaintiffs knowledge. The res ipsa loquitur operates to establi sh causation and was therefore the legal issue at the center of the case.The plaintiff had surgery for prostate cancer on the lower part of his body and immediately after discovered that he had sustained a serious nerve injury to his unexpended arm, an injury that he did not have prior to going into surgery. The injury was diagnoses as left radial nerve palsy. Since the injury was not associated with, nor in the neighborhood of the surgery, the presumption was that the injury occurred during the anesthetists care. Moreover, the trial judge found that the injury was sustained while the plaintiff was under the effects of the anesthesia. It therefore followed that the injury occurred in circumstances where the patient/plaintiff was under the care of the anesthetist, albeit while in surgery. The factual issue in dispute was whether or not the injury occurred as a result of compression to the injury area and whether or not that