Author Question: During surgery, a sponge is accidentally left inside the plaintiff. Only through a second surgery to ... (Read 143 times)

swpotter12 · **on:** Aug 2, 2018

During surgery, a sponge is accidentally left inside the plaintiff. Only through a second surgery to
remove the sponge does the pain and suffering that the plaintiff experiences end. Yet during the trial,
not one of the six people in the original surgical team admitted to leaving the sponge. For that reason,
the defendant, a hospital that employed the surgical team, requests for a judgment in its favor because
the plaintiff could not establish who among the surgical team actually left the sponge inside of the
plaintiff. Plaintiff will most likely succeed by asking the court not to grant that request because of

A) an unavoidable accident B) the doctrine of res ipsa loquitur
C) negligence per se D) an Act of God

Question 2

In a state that does not require employers to carry worker's compensation insurance, an accident
happens. At a construction site, a worker slips on ice that has accumulated on a plank that workers
have used to get from one floor to another. The worker sues the employer for negligence and will win
unless the employer argues that

A) the worker can recover only if there is negligence per se
B) the employee has failed to make out a prima facie case
C) this was not willful, wanton or reckless conduct
D) the doctrine of res ipsa loquitur applies