Dr. Smith operated on Polly Jones, and it was determined three weeks after surgery that Dr. Smith left a small needle in the patient's abdomen. Which doctrine would apply to this negligent act?

Question

Quizplus · Accepted Answer

Res ipsa loquitur applies because it is a doctrine used in tort law that allows the presumption of negligence to arise from the mere fact of an accident occurring, under circumstances implying that such accidents do not happen without negligence. Leaving a needle inside a patient is not something that happens in the absence of negligence, thus this doctrine allows the court to infer negligence without direct evidence.

Dr Smith Operated on Polly Jones, and It Was Determined