A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?

Question

Quizplus · Accepted Answer

The legal doctrine of res ipsa loquitur applies in situations where the plaintiff (injured party) cannot prove exactly how the injury occurred, but it is clear that the injury would not have occurred if the defendant (in this case, the surgeon) had exercised reasonable care. In this case, the surgeon removing the wrong kidney is a clear example of negligence, and res ipsa loquitur would allow the patient to bring a lawsuit without having to prove exactly what the surgeon did wrong.

A Surgeon Removes the Wrong Kidney from a Patient