Question
Cindy underwent emergency surgery to have her spleen removed. Cindy spent a week in the hospital and was released to recover at home. When Cindy
Cindy underwent emergency surgery to have her spleen removed. Cindy spent a week in the hospital and was released to recover at home. When Cindy got home, she started to feel a lot of pain in her abdomen. Cindy immediately went to the emergency room and the emergency room doctor took an x-ray and found a sponge in the place where her spleen used to be. Cindy had to then have emergency surgery again to have the sponge removed, which then caused another lengthy hospital stay and recovery. Cindy was very upset and after she recovered she decided to file a lawsuit against the many doctors and nurses that were all present in the operating room during her splenectomy because she didn't know exactly who left the sponge in her.Cindy wants to use the theoryres ipsa loquitur in her claim. Will Cindy be successful using that theory?
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