Scenario (based on a real Missouri case): At a local Missouri hospital a patient had a total right knee replacement (arthoplasty) under general anesthesia. However, upon awakening from the anesthesia, he immediately experienced pain in his right hand, arm and shoulder which was not present before the surgery. The patient sued the hospital and the surgeon for medical malpractice.
What should be the basis of the lawsuit given these facts?
Should it be based upon a typical negligence principle (e.g., duty, breach of duty, causation, etc.)?
If so, which one(s)?
If not, what other tort liability theory might apply and why?
How should the court rule?