Assume that at a medical malpractice trial alleging that a sponge was left in a surgical site, exactly 50% of the evidence favors the defendant surgeon, and 50% favors the plaintiff. Would you agree that the plaintiff is more likely to win the case because of the doctrine of res ipsa loquitur?

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Quizplus · Accepted Answer

The doctrine of res ipsa loquitur allows the presumption of negligence when an injury occurs under circumstances that ordinarily would not happen without negligence, potentially favoring the plaintiff even if evidence is evenly split.

Assume That at a Medical Malpractice Trial Alleging That a Sponge