Our orders are delivered strictly on time without delay 
David injures his knee. After medical consultation, it is decided that an operation is required to repair the damage to David’s knee.
Prior to carrying out the operation at David’s local hospital, the operation and associated risks were discussed with David by the medical team. David agrees to the operation going ahead and signs the medical consent form.
After the operation, David’s knee becomes severely infected. Upon investigation, it is discovered that a medical swab has accidently been left in the knee. This has caused the infection which leads to David’s leg being amputated above the knee.
David seeks legal advice and notifies the hospital of his intention to sue for damages.
(a) Identify, with justification, the tort relevant to David’s situation.
(b) Identify the most likely defence the hospital could rely on to respond to David’s claim.
