Case support plaintiffs reliance on res ipsa loquitur

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Question

Read the case study You be the Judge, presented at the end of Chapter 6 (Guido, p. 94) which begins, "The day after surgery the nurse removed a drainage tube..." and answer these questions:

- Do the facts of the case support the plaintiff's reliance on res ipsa loquitur?

- Does the fact that the defense did produce expert witness testimony negate a successful res ipsa loquitur outcome?

- What other facts would you need to determine if the nurse's actions were negligent?

- If applicable, should damages be assessed?

- How would you decide the case?

Reference no: EM133684043

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