During an operation, defendant physician, is negligent for failure to supervise and a piece of gauze is harmlessly left inside the plaintiff. While in the hospital, plaintiff contracts a staph infection and dies. In a suit by plaintiff's heirs against the physician for negligence, the likely result is:

a. The physician will be liable for anything that happens to his patient during the patient's hospital stay.
b. The physician may have been negligent for failing to remove the piece of gauze, but that negligent omission was not the actual cause of the plaintiff's death.
c. The physician is negligent using the "But For" rule.
d. The physician is not liable because the physician had no duty as a matter of law.


B

Legal Studies & Paralegal

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