During an abdominal operation on Y, Surgeon X unintentionally 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 performs an abdominal operation on patient Y.
- Surgeon X inadvertently leaves scissors inside Y’s body during the surgery.
- Y experiences considerable pain and suffering as a result.
Issue in the Case:
- Whether Y can hold Surgeon X accountable for damages due to negligence.
Principle:
- Negligence occurs when there is a breach of legal duty by failing to exercise the care and skill expected of a reasonable person in similar circumstances.
Judgment:
- Y can file a lawsuit against Surgeon X for damages resulting from negligence.
- Surgeon X, as a medical professional, has a legal duty to exercise reasonable care and skill during surgical procedures, ensuring no instruments are left inside the patient’s body.
- By leaving scissors inside Y’s body, Surgeon X breached this duty of care.
- This breach directly causes harm and suffering to Y.
- Surgeon X’s conduct amounts to gross negligence, given the severity of the oversight.
- Therefore, Surgeon X is liable to compensate Y for the damages resulting from the negligence.
In conclusion, Surgeon X’s negligence in leaving scissors inside Y’s body during the operation renders X liable for the damages suffered by Y.
TheSayeed Answered question March 15, 2024