Facts
A swab was left inside a patient's body after an abdominal operation.
Issue
Could be inferred against the surgeon?
Held
The Court of Appeal ordered a new trial; the judges differed on whether applied.
Principle
Leaving a swab inside a patient may raise an inference of negligence.
Why it matters
A medical illustration of presumed negligence.
Cited in these chapters
Cite this page
Mahon v Osborne [1939] 2 KB 14 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/mahon-v-osborne> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.