Principle: Res ipsa loquitur shifts the burden of proof to the defendant when the accident is of a kind that does not ordinarily occur without negligence.
Facts: A surgical sponge is left inside a patient abdomen after an operation. Does res ipsa loquitur apply?
Answer and explanation
Correct answer: B. Yes
- Step 1: Define res ipsa loquitur (the thing speaks for itself).
- Step 2: The principle applies when the instrumentality is in the sole control of the defendant, and the accident would not occur in ordinary course without negligence.
- Step 3: Leaving foreign objects in a patient body during surgery is a classic application shifting the burden of proof to the surgeons.
Answer
Yes.
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