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Many cases of medical negligence find failures in the court, just because the injured patients cannot produce evidence that shows the starting point of medical profession standard or medical service standard that they have received from doctor and hospital. Res ipsa loquitur doctrine (the thing speaks for itself) or the facts spoke for themselves that can be applied in medical negligence cases in the court, although this doctrine does not guarantee any victory in every case for the patients. According to the results of this research: (1) it is found that with the operation of res ipsa loquitur doctrine, the burden of the proof starts moving to the one that is a able to give a complete explanation and make proof become accountable; (2) res ipsa loquitur must apply to medical cases, because patient is treated unfairly, if his or her rights to use that doctrine are taken away; and (3) res ipsa loquitur will help injured patient because he or she does not have any medical knowledge about what is happening. If the patient is not allowed to use this doctrine, it has to be seen as an unfair discrimination.
About the author
Master of Health Law (2018) Faculty of Law University August 17, 1945 Semarang Indonesia. Now taking the Philosophy Doctor in the Law Study Program Doctoral Program (S3), Faculty of Law, University of August 17, 1945. Founder & CEO of Wukir Law Firm Attorneys & Counselors at Law.
