KevinMD.com

Using an “unreasonable workload” defense against malpractice
The physician removed the wrong breast did so under “crisis” conditions in an understaffed department: “If a doctor, through no fault of his own, is forced to work in a situation that may put patients at risk but brings to the attention of the relevant parties the nature of that risk the doctor cannot be held responsible if and when such a risk materialises.”

Update:
It worked.