Patient did not comply with postoperative care instructions

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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. Who is likely to win the case and why?

Reference no: EM131122159

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