Principle res ipsa loquitur i e the thing speaks for itself Facts Seema got herself operated for the...........

Legal Concepts Law of Torts

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 the negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen. The same was removed by a second surgery.

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

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

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

None of the above

Explanation:

The principle given is not self-explanatory and requires legal knowledge to be applied.
But going by the understanding of the principle Option "3" would be the correct answer as leaving the abdominal pack insidecannot be justified in any way by a surgeon.