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Illinois · Through at least Public Act 104-790

735 ILCS 5/2-1113: Medical malpractice - res ipsa loquitur.

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Where this section sits in the code
  1. CHAPTER 735 CIVIL PROCEDURE
  2. Code of Civil Procedure.

In all cases of alleged medical or dental malpractice, where the plaintiff relies upon the doctrine of res ipsa loquitur, the court shall determine whether that doctrine applies. In making that determination, the court shall rely upon either the common knowledge of laymen, if it determines that to be adequate, or upon expert medical testimony, that the medical result complained of would not have ordinarily occurred in the absence of negligence on the part of the defendant. Proof of an unusual, unexpected or untoward medical result which ordinarily does not occur in the absence of negligence will suffice in the application of the doctrine.

Collected 2026-09-15T04:46:43Z. Source file · JSON

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