What is the role of custom in medical malpractice?
QUESTION
Under Ybarra v. Spangard, what is the effect of res ipsa loquitur when an unconscious patient is injured during surgery by an unknown member of the medical team?
QUESTION
What are the elements of res ipsa loquitur?
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ANSWER
The accident ordinarily does not occur without negligence, and the negligence is attributable to the defendant. Traditionally, exclusive control by the defendant was required to show attribution.