Is res ipsa loquitur available in Georgia wrong-site surgery cases?
Yes, in appropriate cases. The doctrine of res ipsa loquitur—meaning “the thing speaks for itself”—allows a jury to infer negligence from the nature of the injury itself, without requiring direct proof of exactly how the error occurred. Georgia courts have recognized that wrong-site surgery may give rise to this inference because operating on the wrong body part simply does not happen in the absence of negligence. Our attorneys have successfully deployed this doctrine in malpractice cases and can assess whether it applies to your situation.
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