During an operation, defendant physician, is negligent for failure to supervise and a piece of gauze is harmlessly left inside the plaintiff. While in the hospital, plaintiff contracts a staph infection and dies. In a suit by plaintiff's heirs against the physician for negligence, the likely result is:
a. The physician will be liable for anything that happens to his patient during the patient's hospital stay.
b. The physician may have been negligent for failing to remove the piece of gauze, but that negligent omission was not the actual cause of the plaintiff's death.
c. The physician is negligent using the But For rule.
d. The physician is not liable because the physician had no duty as a matter of law.
Question 2
A judge's instructions to the jury at the close of a case will relate to:
a. The applicable law.
b. The judge's assessment of the facts.
c. General comments on the parties, witnesses and attorneys, rating their trial performance.
d. The judge's personal feelings toward the case.
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