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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?

A

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

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B

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

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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

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

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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.
A is liable for the negligence as he failed to take proper care during surgery .
A , who's a doctor it was his duty to take care of B and to take proper care during surgery . But he left small cotton swab he failed to do so his duty , he's liable under negligence .

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Q. 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?

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.
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