Hello, kcangel, and welcome to the Legal Nursing forum
You need to get out your course book and reread about Standards of Care and Scope of Practice. There are many links to help you develop your case.
Also, go to AORN for practice standards:
http://www.aorn.org/PracticeResources/
You probably will need to get the entity P/P for the OR. But, no way to know this until you actually review the MR first.
Good luck with your case. Unfortunately, we cannot help you actually develop the case per allnurses.com TOS. Hope you can find what you need with this information.