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 there was diagnosed to be a cyst in one of her ovaries. Due to the negligence of the surgeon, who performed the operation, the abdominal pack was left in her abdomen. The same was removed by a second surgery.

Select the most reasonable conclusion.

पर्याय

• Surgeon cannot be held responsible because it is merely  a human error

• A surgeon can be held responsible but Seema will have  to prove in the court of law that the surgeon was grossly negligent

• The surgeon will be responsible and Seema need not to  prove surgeon's negligence because the presence of abdominal pack in her abdomen is sufficient proof  therefor

• None of the above

Answer 1

The surgeon will be responsible and Seema need not to  prove surgeon's negligence because the presence of abdominal pack in her abdomen is sufficient proof  therefor