Referring to the scenario below, would you agree that the defendant is more likely to win this case because the doctrine of res ipsa loquitur probably does NOT apply here? Assume that at a medical malpractice trial alleging postoperative infection, exactly 50% of the evidence favors the plaintiff, and 50% of the evidence favors the defendant physician and hospital. Among the defendant's evidence is some indication that the patient did not comply with postoperative care instructions, including taking antibiotics to fight infection.

Question

Quizplus · Accepted Answer

The doctrine of res ipsa loquitur applies when the injury or harm suffered by the plaintiff could not have occurred without negligence on the part of the defendant. In this scenario, the evidence is not clear whether the infection was due to negligent actions by the physician and hospital or due to the patient's failure to follow postoperative care instructions. Without clear evidence of negligence by the defendant, the doctrine of res ipsa loquitur does not apply. Therefore, the defendant may be more likely to win the case.

Referring to the Scenario Below, Would You Agree That the Defendant