Question

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:

Answer 1

To win her negligence lawsuit, Anne Marie must prove the surgeon owed her a duty of care, breached this duty, the breach caused harm, and she suffered damages as a result.

Step-by-step explanation:

In order for Anne Marie to win her negligence lawsuit against the surgeon, she must prove the following four elements:

1. That the surgeon owed her a duty of care.
2. That the surgeon breached this duty by leaving a surgical instrument inside her abdominal cavity.
3. That this breach directly caused her harm, leading to severe abdominal pain and the need for an additional surgery.
4. That she suffered damages as a result of this breach, including but not limited to physical pain, emotional distress, and medical expenses.

The legal concept of negligence involves a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. In Anne Marie's case, the standard of care likely required the surgeon to ensure that no surgical instruments were left inside the patient after the operation. Therefore, proving the presence of the instrument and linking it to her subsequent pain and required surgery would typically establish a breach of duty and causation. The last step for Anne Marie is to show that she suffered actual damages, which is often demonstrated through medical records and receipts, as well as testimony regarding pain and suffering.