The Central Hospital,Dr.Cuttham,a surgeon,and the operating room staff are sued by Mrs.Mullen because a scalpel was left in her abdomen after an operation for a burst appendix.It is unclear how the scalpel was missed.
i.The hospital will be liable if the operating room staff employed by it is found to have been negligent.
ii.Mrs.Mullen must prove on the balance of probabilities that the defendants had the sole care and control of the operating room.
iii.Mrs.Mullen must prove on the balance of probabilities that,unless someone has been negligent,scalpels are not left in abdomens after operations.
iv.Mrs.Mullen must prove on the balance of probabilities that a reasonable surgeon has a duty of care to ensure that no foreign objects are left inside a patient,that Dr.Cuttham failed to do,and that she was injured because of this.
v.Dr.Cuttham will be held liable if he cannot show that he took all reasonable care and the scalpel was left by someone else.

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The Answer of The Central Hospital,Dr.Cuttham,a surgeon,and the operating room staff are sued by Mrs.Mullen because a scalpel was left in her abdomen after an operation for a burst appendix.It is unclear how the scalpel was missed.
i.The hospital will be liable if the operating room staff employed by it is found to have been negligent.
ii.Mrs.Mullen must prove on the balance of probabilities that the defendants had the sole care and control of the operating room.
iii.Mrs.Mullen must prove on the balance of probabilities that,unless someone has been negligent,scalpels are not left in abdomens after operations.
iv.Mrs.Mullen must prove on the balance of probabilities that a reasonable surgeon has a duty of care to ensure that no foreign objects are left inside a patient,that Dr.Cuttham failed to do,and that she was injured because of this.
v.Dr.Cuttham will be held liable if he cannot show that he took all reasonable care and the scalpel was left by someone else.