Res Ipsa Loquitur：歷史回顧、成立要件和醫療爭議之適用性

Res Ipsa Loquitur has already been adopted as an inference of negligence in torts over 150 years and is not uncommon in medical litigation. Because Res Ipsa Loquitur has been used in medical suit in Taiwan, medical professionals should know its history, valid factors, and application. Res Ipsa Loquitur came to being with a purpose to promote inference of negligence more widely and objectively. There are three valid factors for Res Ipsa Loquitur, and they mainly define the party and the instrument in an event. Except for unusual cases, Res Ipsa Loquitur is frequently rejected as an indirect evidence for inference of negligence in western countries because the Court requires strict sanction of its application. In Taiwan, there were 2 verdicts that adopted Res Ipsa Loquitur, in that the validity of application has raised some arguments. Since Res Ipsa Loquitur may change the burden of proof, the application should be seriously contemplated especially in criminal prosecution.