Discussion
Sameer got himself operated for the removal of his one kidney in Dr. Anand's Hospital, due to negligence of the surgeon, who performed the operation a piece of cotton was left in his abdomen. The same was removed by a second surgery for which Sameer was not paid any amount.
In the light of above facts, which one of the following statements is correct ?
Answer: D
The correct statement is that the surgeon will be responsible, the cotton in the abdomen being sufficient proof under Res Ipsa Loquitur.
Res ipsa loquitur, 'the thing speaks for itself', applies when an accident would not ordinarily happen without negligence and the thing causing it was under the defendant's control. A swab left inside a patient after surgery is a classic example: the fact itself shows negligence, so the burden shifts to the surgeon to explain it.
Option A is wrong because professional skill is no defence to plain negligence. Option C reverses the doctrine, which helps the plaintiff rather than the defendant. Option B wrongly makes liability depend on payment and on proving consumer status.
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