Question
Ray was wheeled into the operating room is his appendix removed. After he up from the operation he felt a sharp pain in his arm.
Ray was wheeled into the operating room is his appendix removed. After he up from the operation he felt a sharp pain in his arm. Ray had broken his arm, a condition that had not existed prior to the operation. All the doctors and nurses claimed that they did not know how it had happened . If Ray sued for damages to his arm:
1. Ray will probably lose since a broken arm resulting from removal of his appendix is not foreseeable so there is no duty of care towards Ray by those in the operating room.
2. Ray's best chance to win would be if he employs the doctrine of res ipsa loquitur since this will shift the burden to those in the operating room to explain why they were not the cause of the broken arm
3. Ray will probably lose since there no evidence to explain how he received the injury.
4. Ray will probably lose because the medical personnel in the operating room only had a duty to perform the appendectomy so they are not responsible for any other injuries.
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