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[Solved]: A 45 year is having a laparoscopic cholecystectomy

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A 45 year is having a laparoscopic cholecystectomy. On completion of the case, the patient is transported to PACU. 15 minutes later, they discover the Rochester Penn is missing from the tray. The instrument was in the patient. The patient later sues and is awarded damages. Who is responsible for this situation? What legal principle applies in this situation? What could have been done to prevent this situation?

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