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? (Answer the question after reading the following paragraph.)

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 questions, you must not rely on any principle except the principles those are given herein below for every 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.

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

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

Option C: Liability for negligence does not arisen here as A performed the operation sincerely.

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

Correct Answer

Option: b

Explanation

The concept of medical negligence has undergone a major transformation from being a crime to a tort. Today, medical negligence means negligence on the part of the doctor to act in accordance with medical standards in vogue, being practiced by an ordinarily reasonably competent man practicing the same art.

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