After year of pain, Kim Craven was finally able to have surgery on her right knee for a torn meniscus. As per protocol, the radiologist marked the knee that required surgery. This hospital assured her that this would be a minor surgical procedure. When the anesthesia wore off after the surgery, Craven looked down and began screaming uncontrollably when she noticed that her right leg had instead been amputated below the knee. Craven’s chart was mistakenly switched with a diabetic patient who was scheduled to receive an amputation of his right leg below the knee. Under which legal theory will Craven be able to seek damages?
a. Contributory negligence b. Negligence per se c. Res ipsa loquitur d. Respondeat Superior
Answer - Res ipsa loquitur
Res ipsa loquitur is the situaiton in which a person gets injured while sedating. Negligence performed by the medical healthcare will come under Res ipsa loquitur as patients are unaware of what happened with them.
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After year of pain, Kim Craven was finally able to have surgery on her right knee...
After year of pain, Kim Craven was finally able to have surgery on her right knee for a torn meniscus. As per protocol, the radiologist marked the knee that required surgery. This hospital assured her that this would be a minor surgical procedure. When the anesthesia wore off after the surgery, Craven looked down and began screaming uncontrollably when she noticed that her right leg had instead been amputated below the knee. Craven’s chart was mistakenly switched with a diabetic...