MBE Rules · Torts
Res Ipsa — Multiple Defendants
Ybarra v. Spangard
The rule
An unconscious patient injured during surgery may invoke res ipsa against all defendants with control over her body or instrumentalities, smoking out the responsible party by shifting the explanation burden.
In plain English
The doctrine of res ipsa loquitur allows a plaintiff to infer negligence when an injury occurs under circumstances that typically do not happen without negligence. In cases with multiple defendants, an unconscious patient can use this rule against all parties involved in her care, shifting the burden to them to explain how the injury occurred.
Worked example
During surgery, an unconscious patient suffers a severe injury from a surgical instrument left inside her body. Since multiple surgeons and nurses had control over the instruments, the patient invokes res ipsa loquitur against all of them. The court finds that the defendants must provide an explanation for the injury, as it would not have happened without negligence.
Memory hook
When in doubt, let the defendants shout—res ipsa makes them explain their route!
The trap
Examiners may present scenarios where the injury seems obvious, but students might overlook the need to identify all potential defendants. Be careful not to assume only one party is responsible without considering the roles of others.
How examiners test it
Questions often involve a fact pattern with multiple medical professionals and an injury that occurs during treatment, prompting students to analyze the application of res ipsa against all defendants.
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