Dr. Kilroy operates on Melinda's shoulder. In the operating room along with Dr. Kilroy are two nurses, an anesthesiologist, and two interns. All are responsible from start to finish of Melinda's shoulder surgery. Three weeks after surgery, Melinda is still having pain and goes back to Dr. Kilroy. X-rays show that a small sponge was left inside of her shoulder and not removed before she was sewn up. Since Melinda is not sure who is responsible for leaving the sponge in her shoulder she would sue under what theory of negligence?
A) Res Ipsa Loquitur.
B) Negligence per se.
C) Absent proof theory.
D) Scope of authority negligence.
E) Melinda could not sue because it cannot be determined who left the sponge in her shoulder.

Question

Quizplus · Accepted Answer

Res Ipsa Loquitur is a legal theory that allows a plaintiff to prove negligence on the part of a defendant through the very nature of the accident or injury, under circumstances where the details of the negligent act are not known, but it is clear that the injury would not have occurred without negligence. In this case, since a sponge was left inside Melinda's shoulder, it is evident that someone on the surgical team was negligent, even if it's not clear who exactly was responsible.

Dr Kilroy Operates on Melinda's Shoulder