Dr Kilroy Operates on Melinda's Shoulder

question 43

Multiple Choice

Dr. Kilroy operates on Melinda's shoulder. In the operating room along with Dr. Kilroy are two nurses, an anesthesiologist, and two interns. All are responsible from start to finish of Melinda's shoulder surgery. Three weeks after surgery, Melinda is still having pain and goes back to Dr. Kilroy. X-rays show that a small sponge was left inside of her shoulder and not removed before she was sewn up. Since Melinda is not sure who is responsible for leaving the sponge in her shoulder she would sue under what theory of negligence?

• A) Res Ipsa Loquitur.
• B) Negligence per se.
• C) Absent proof theory.
• D) Scope of authority negligence.
• E) Melinda could not sue because it cannot be determined who left the sponge in her shoulder.

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