PHYSICIANS AND SURGEONS - MALPRACTICE - REMOVAL OF SWABS BY SURGEON - RES IPSA LOQUITUR

Defendant surgeon failed to remove a swab from deceased\u27s body after a major abdominal operation, relying in part on the accuracy of the count made by the head theatre nurse, employed by the hospital in which the operation occurred. In a suit by the mother of deceased against defendant for his alleged negligence, held, the doctrine of res ipsa loquitur applies, necessitating an explanation by defendant, but it is for the jury to decide on the evidence in the entire case whether defendant\u27s conduct constituted a breach of his duty to use due care in performing the operation. Mahon v. Osborne, [1939] 2 K. B. 14