Question

PRINCIPLE: Res ipsa loquitur i.e. the thing speaks for itself.

FACTS: Seema got herself operated for the removal of her uterus in the defendant's hospital, as she was diagnosed having a cyst in one of the ovaries. Due to negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen.The same was removed by a second surgery.

DECIDE.

• A. Surgeon cannot be held responsible because it is merely human error
• B. Surgeon can be held responsible but Seema will have to prove it the Court of Law that the surgeon was grossly negligent
• C. Surgeon will be responsible and Seema need not to prove surgeon's negligence because presence of abdominal pack in her abdomen is sufficient proof thereof
• D. None of the above

Answer 1

The correct option is C Surgeon will be responsible and Seema need not to prove surgeon's negligence because presence of abdominal pack in her abdomen is sufficient proof thereof

Res ispa loquitur is a latin doctrine in common law of torts which infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. In this doctrine, the elements of duty of care, breach, and causation are inferred from an injury that does not ordinarily occur without negligence. Hence, in the above situation, Seema need not prove surgeon's negligence. The presence of abdominal pack in her abdomen speaks for itself as sufficient proof for negligence.