Practice Quiz

Paralegal

Category - Judgement

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A surgeon performed abdominal surgery on a patient. After the operation, the patient had abdominal pain for months. An x-ray then revealed that a sponge had been left in the patient’s abdomen. The patient then sued the surgeon for negligence. The surgeon admitted that he owed a duty of care to the patient. From the following answer choices, what additional fact would be most helpful in completing the patient’s claim?
  1. That the sponge was too large to safely leave in the patient’s abdomen.
  2. That the patient is able to file a complaint with the state medical board.
  3. That the surgeon’s action or inaction resulted in leaving the sponge in the patient’s abdomen.
  4. That it is impossible for the surgeon to remove the sponge without harming the patient.
Explanation
Answer: C - That the surgeon’s action or inaction resulted in leaving the sponge in the patient’s abdomen. Answer C is correct because it supports a breach of the duty owed by the surgeon to the patient. Answer A is not correct because the sponge in the patient’s abdomen would be a danger regardless of size. Answer B is not correct because the ability to file a complaint is irrelevant to a negligence claim. Answer D is not correct because whether the sponge can be removed is irrelevant to the surgeon’s negligence.
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