Problem: Denise had been having some issues with her liver and her doctor told her she needed surgery. Denise, who is very afraid of the anesthetic used in surgery, tried to ask Doctor Wilson questions and express her concerns, but he brushed off her questions and told her to "just trust me, I know what I'm doing." Denise, not knowing what else to do, agreed to the surgery. Denise was taken in for surgery, and while she was unconscious, the surgery was performed by the surgical team. The surgery ended and is reported to be a success. A few days later, Denise started to have severe pain and was rushed back to the hospital and diagnosed with peritonitis. Emergency surgery was performed and it was discovered that someone left a surgical sponge inside Denise's body. Denise was very angry and asked the doctor and other medical personnel how something like this could happen. No one wanted to give Denise an answer. She decided to sue. What are the bases (two) for Denise's lawsuit, what would she have to prove to win and, if you were her attorney, what would you estimate her chances of success would be?