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Read the case study You be the Judge, presented at the end of Chapter 6 (Guido, p. 94) which begins, The day after surgery the
Read the case study You be the Judge, presented at the end of Chapter 6 (Guido, p. 94) which begins, "The day after surgery the nurse removed a drainage tube..." and answer these questions:
Do the facts of the case support the plaintiff's reliance on res ipsa loquitur? Does the fact that the defense did produce expert witness testimony negate a successful res ipsa loquitur outcome? What other facts would you need to determine if the nurse's actions were negligent? If applicable, should damages be assessed? How would you decide the case?
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