You are having surgery for your right shoulder because you overdid it a few months ago during CrossFit.Before the procedure, the nurse, doctor, and several others confirmed they were performing surgery on your right shoulder, and even went so far as to mark the right shoulder with a special pen so that it was clear the right shoulder was the one being worked on.However, after you wake up from surgery, you find that you have incision dressings on both your right and left shoulder.Confused, you call for the nurse, who explains that during the operation, the doctor made a mistake and started operating on your left shoulder, but once the doctor realized the error, closed up the left shoulder and completed the operation on the right shoulder.Due to the error, you miss several weeks of work and have some lingering problems with your left shoulder, which until now, has never caused you any problems.However, your right shoulder has made a full recovery with minimal residual issues.

For this question, choose one of the four theories below and argue why you believe that theory will be the one most likely to allow you to succeed in collecting money damages from the medical team that botched the operation.

1.Contributory Negligence

2.Negligence Per Se

3.Breach of Duty of Care

4.Comparative Negligence