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Asked by lmarine98

The day after surgery a nurse removed a drain tube from a patient’s surgical wound. 4 months later a computerized tomography scan revealed that a 4.25 inch piece of plastic tubing had been left at the surgical site. The patient underwent a second surgery to have this piece of tubing removed. The patient sued the hospital and the nurse for negligence. When questioned during the trial, the nurse testified that she had used no excessive force or speed in pulling the tubing. The patient’s attorney disputed this fact, but introduced no expert witness testimony, relying on the doctrine of res ipsa loquitur to explain the retained tubing. The nurse’s expert witness testified that there was no departure from the standard of care and the nurses actions.

 

1. Do the facts of the case support the plaintiff’s reliance on res ipsa loquitur?

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

3. What other facts would you need to determine if the nurse’s actions were negligent?

4. If applicable, should damages be assessed?

5. How would you decide the case?

 

SCIENCE
HEALTH SCIENCE
NURSING
NURSIING N520

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