A clinic patient was operated on by a hospital resident for
removal of his gallbladder. It was later determined that a piece of gauze was
left in the patients abdomen. The defendant in this case was a consultant
physician who saw the patient before and after the operation but who was not
present at all times during surgery. He was not paid a fee for his services and
did not expect payment. Was the consultant physician liable for the gauze in
the patients abdomen?
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