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LEGAL PRINCIP...

Question

LEGAL PRINCIPLE: Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.

FACTUAL SITUATION: A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which, B developed some medical problems and had to undergo another surgery. Is A liable?

A

A is not liable as he did not foresee any consequences at the time of surgery.

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B

As only a small swab was left in the abdomen, there was no negligence.

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C

A is liable for the negligence as he failed to take proper care during the surgery.

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D

Liability for negligence does not arise here as A performed the operation sincerely.

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Solution

The correct option is C A is liable for the negligence as he failed to take proper care during the surgery.
The tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. It can be further defined as a tort committed by failure to act as a reasonable person to someone to whom s/he owes a duty, as required by law under the circumstances. There must be an injury resulting from the breach of the duty. In the above situation, all the elements of Negligence have been satisfied.

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Q. Principle : Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.
Facts : A, a doctor, conducted a hysterectomy sincerely on consequence of which B developed some medical problems and had to undergo another surgery. Is A liable?

Q. This question consists of legal proposition(s)/principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
PRINCIPLE : Negligence is actionable in law. In simple terms, negligence is the failure to take proper care over something.
FACTS : A, a doctor, conducted a hysterectomy sincerely on B and left a small cotton swab inside the abdomen. As a consequence of which B developed some medical problems and had to undergo another surgery. Is A liable?

Q. PRINCIPLE: Negligence is the breach of a duty caused by an omission to do something which a reasonable person would do or an act which prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breaches leading to damage.

FACTUAL SITUATION: A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A left his gloves inside the patient's abdomen.

Q. LEGAL PRINCIPLE:
(1) Medical professional are not immune from liability in tort on ground of negligence.
(2) Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fail in the definition of "service" under the Consumer Protection Act. In case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION:

A was the only child of his parents. Once he had high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. the doctor administered certain medicnes and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor.
DECIDE.

Q. Principle: Negligence is the breach of a duty caused by a omission to do something which a reasonable person would do or an act which a prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breached, leading to damage.
A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A had left a mop in B 's stomach while Operating.

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