Mr. Smith, a former client of the hospital, alleges that a surgical instrument was left inside his abdominal cavity after surgery. A radiograph reveals the presence of a hemostat in his abdomen. Under which legal principle will the client's lawyer most likely base his lawsuit?

Question

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The legal principle that the client's lawyer will most likely base his lawsuit on is "in re ipsa," which means "the thing speaks for itself." This principle applies when an injury or harm occurs that wouldn't normally happen unless there was some negligence on the part of the defendant. In this case, the presence of a surgical instrument inside the client's abdomen indicates negligence or a mistake made during the surgery.

Mr Smith, a Former Client of the Hospital, Alleges That