Question

Referring to the scenario below, would you agree that the defendant is more likely to win this case because the doctrine of res ipsa loquitur probably does NOT apply here? Assume that at a medical malpractice trial alleging postoperative infection, exactly 50% of the evidence favors the plaintiff, and 50% of the evidence favors the defendant physician and hospital. Among the defendant's evidence is some indication that the patient did not comply with postoperative care instructions, including taking antibiotics to fight infection.
a. Yes
b. No

Answer

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