ND Bar Practice Questions - North Dakota Bar Examination Exam

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A surgeon leaves a sponge inside a patient during an operation; the patient discovers it only after developing an infection. In the patient's negligence suit, which doctrine may allow an inference of negligence even without direct proof of the surgeon's specific act?

Respondeat superior The last-clear-chance doctrine Assumption of the risk Res ipsa loquitur, because the injury is of a type that ordinarily does not occur absent negligence and the instrumentality was in the defendant's exclusive control

Correct Answer:

Res ipsa loquitur, because the injury is of a type that ordinarily does not occur absent negligence and the instrumentality was in the defendant's exclusive control

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