Article: Res ipsa loquitur.(LAW & MEDICINE)

Question: Twenty minutes into an otherwise routine endoscopic examination, the patient sustained a stroke, which left him with cognitive loss and hemiparesis. The etiology was later established to be air embolism.

A lawsuit asserts obvious negligence on the part of the gastroenterologist, as the patient was entirely well prior to the procedure. No plaintiff expert was called. Which of the following is correct?

A. This is a case of res ipsa loquitur, which means the tortfeasor takes the patient as he finds him.

B. The plaintiff is alleging res ipsa, as both the identity of the actor and the nature of the injury are known.

C. Since the ...

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