Dr. Jones is an orthopedic surgeon. One patient required arthroscopic surgery on his right knee because of cartilage damage. When the patient awoke from surgery, he was surprised to see bandages on both knees. He was told that Dr. Jones made an incision on the wrong knee, realized his mistake, and then proceeded with the surgery on the correct knee. In this case, Dr. Jones is presumed to be negligent under which legal doctrine?