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Principle: Negligence is Actionable in Law. in Simple Terms, Negligence is the Failure to Take Proper Care Over Something. - Legal Reasoning

MCQ

The 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?

Options

  • A is not liable as he did not foresee any consequences at the ti me of surgery.

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

  • A is liable for the negligence as he failed to take proper care during the surgery

  • Liability for negligence does not arise here as a performed the operation sincerely.

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Solution

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

Explanation:

A is liable for the negligence as he failed to take proper care during the surgery.  It was the duty of the doctor A to ensure the utmost safety of his patient B during the surgery.  
Forgetting a cotton swab inside the abdomen caused medical problems. A doctor is liable under negligence.

Concept: Law of Torts (Entrance Exams)
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