Question

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.

DECIDE.

• A. A will be liable for negligence, since there is a breach of the duty of care.
• B. A will not be liable for negligence since it was an accident.
• C. A will not be liable for negligence, since no real damage was done.
• D. A will not be liable for negligence since it is not a reasonable act.

Answer 1

Answer: (A)

A will be liable for negligence, since there is a breach of the duty of care.

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. Hence, A will be held liable for negligence as the injury resulted from the breach of the duty.

Hence, A is the correct option.