George has a badly infected right foot.Herb,George's physician,prescribes amputation.George agrees.During the operation,Herb amputates the left foot.In George's suit against Herb,George's best theory for recovery is

Question

Quizplus · Accepted Answer

Res ipsa loquitur applies when the nature of the accident is such that it implies negligence, and the instrumentality causing the injury was under the control of the defendant. In this case, amputating the wrong foot is an obvious error that suggests negligence.

George Has a Badly Infected Right Foot