Who Decides if Res Ipsa Loquitur Applies in an Illinois Malpractice Case?
Understanding Who Controls the Res Ipsa Question in Illinois Key Takeaways: In Illinois medical malpractice cases, the trial judge, not the jury, decides whether res ipsa loquitur applies under 735 ILCS 5/2-1113. This Latin doctrine, meaning "the thing speaks for itself," is an evidentiary tool that allows plaintiffs to prove […]