A patient suffers harm as a result of an instrument being left in his abdomen during surgery. The act cannot be attributed to a specific health professional. In this case, the negligence action undertaken would be based on the principle of:

Question

Quizplus · Accepted Answer

The principle of res ipsa loquitur, or "the thing speaks for itself," applies in situations where the negligence is apparent and the exact cause cannot be determined. In this case, the fact that an instrument was left in the patient's abdomen during surgery is clear evidence of negligence. The burden of proof would still be on the plaintiff to show that the defendant(s) were responsible, but res ipsa loquitur can help establish a prima facie case. Vicarious liability would only apply if a specific health professional or entity could be shown to be responsible, and the statute of limitations sets a time limit for filing a lawsuit but does not determine the basis for the claim.

A Patient Suffers Harm as a Result of an Instrument