Res Ipsa Loquiter this may come up as a 5 mark question 2.0 / 5 based on 1 rating ? LawLaw of TortASAQA Created by: I used to be smartCreated on: 02-04-13 16:43 Res Ipsa Loquiter .. is used to find liability in cases where it may be impossible to find who exactly is responsible for the breach and resulting damage. 1 of 5 1) Must be under the defendents control Mahon v Osbourne: the swab would've been ultimately under the surgeons control 2 of 5 2) Must be indirect evidence of negligence The swab in the patient is the evidence. 3 of 5 3) No other explanation available The swab could not have entered the patient any other way than during the operation he had two weeks before the swab was found. 4 of 5 The End .. 5 of 5
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