Principle Negligence is actionable in law In simple terms negligence is the failure to take proper c...........

Legal Concepts Law of Torts

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?

A is not liable as he did not foresee any consequences at the time of surgery.

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

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

Explanation:

When the doctor leaves a small cotton swab inside the abdomen of the patient, it’s a clear case of negligence. The doctor failed to take proper care while
conducting the surgery. A is liable for the negligence as he failed to take proper care during the surgery.