The question (6 marks)
During an abdominal operation at a private hospital a surgical instrument is left inside the patient. Infection follows and a second operation becomes necessary a fortnight later, after which the patient is off work for four months. The surgeon says the patient, who was unconscious, cannot prove what took place in the theatre, and that in any event the count of instruments was the duty of the nursing staff employed by the hospital. Answer, with reasons: (i) How may the patient prove negligence? (ii) Is the hospital liable, and on what basis? (iii) What forum should the patient approach and what may he obtain? (6 marks)
MU Module III, res ipsa loquitur, hospital liability and remedies; pack ch. 03.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Medical Negligence and Remedies of Law and Medicine.
Authorities you will need
- Indian Medical Association v V.P. Shantha
- Jacob Mathew v State of Punjab
- Consumer Protection Act 2019, ss. 2(7)(ii), 2(11), 34, 39, 69 and 100
- Laxman Balkrishna Joshi v Trimbak Bapu Godbole
How an answer is marked
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