During an abdominal operation on Y, Surgeon X inadvertently leaves scissors inside Y’s body, causing Y significant pain. Can Y sue X for damages?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- Surgeon X conducts an abdominal operation on patient Y.
- Surgeon X unintentionally leaves scissors inside Y’s body during the operation.
- Y experiences considerable pain and suffering as a result.
Issue in the Case:
- Whether Y can hold Surgeon X liable for damages due to negligence.
Principle:
- Negligence occurs when there is a breach of legal duty by failing to act as a reasonable person would in similar circumstances.
Judgment:
- Y can sue Surgeon X for damages resulting from negligence.
- Surgeon X, as a medical professional, owes a legal duty of care and skill to patients like Y during surgical procedures.
- Leaving scissors inside Y’s body during the operation constitutes a breach of this duty of care.
- This breach directly leads to harm and suffering experienced by Y.
- Surgeon X’s actions can be deemed as gross negligence, given the seriousness of the oversight.
- Consequently, Surgeon X is liable to compensate Y for the damages caused by the negligence.
In conclusion, Surgeon X’s negligence in leaving scissors inside Y’s body during the operation makes X liable for damages suffered by Y.
TheSayeed Answered question March 15, 2024