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Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.
Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.
Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.
Decide.
  • a)
    Since Shalini voluntarily took the risk, she cannot claim anything.
  • b)
    Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.
  • c)
    No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.
  • d)
    Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.
Correct answer is option 'B'. Can you explain this answer?
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Direction: In this section, every question is appended with facts and...
Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.
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Direction:In this section every question is appended with facts and principles, and multiple-choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence. Decide.

Directions: Read the following passage and answer the question.Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do is essential ingredient of the offence. The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment.The medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care.Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires.A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field.In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of other professional doctor.The medical professional is often called upon to adopt a procedure which involves higher element of risk, but which he honestly believes as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure.Just because a professional looking to the gravity of illness has taken higher element of risk to redeem the patient out of his/her suffering which did not yield the desired result may not amount to negligence.Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession.It would not be conducive to the efficiency of the medical profession if no Doctor could administer medicine without a halter round his neck.It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessarily harassed or humiliated so that they can perform their professional duties without fear and apprehension.The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners.The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.Q. Anisha was suffering from pain due to appendicitis and required her a surgery that involved cutting her stomach open as per the advice of her doctor, Dr C. Though the operation was successful, after a few weeks, she started suffering from an infection which was a result of her stomach being cut open for the surgery though all the reasonable precautions to avoid any such infection had been taken by the group of surgeons who operated upon her. She visited another doctor, Dr K, after the development of this infection, and he told her that even a laser surgery could have cured her stomach ailment without exposing her to the risk of infection. However, as a matter of fact, there were many doctors in the country who supported the advice given by Dr C to cure her health condition, and there were many others who were of the same opinion as that of Dr K. Nevertheless, Anisha sued Dr C. Decide.

Directions: Read the following passage and answer the question.Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do is essential ingredient of the offence. The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment.The medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care.Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires.A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field.In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of other professional doctor.The medical professional is often called upon to adopt a procedure which involves higher element of risk, but which he honestly believes as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure.Just because a professional looking to the gravity of illness has taken higher element of risk to redeem the patient out of his/her suffering which did not yield the desired result may not amount to negligence.Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession.It would not be conducive to the efficiency of the medical profession if no Doctor could administer medicine without a halter round his neck.It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessarily harassed or humiliated so that they can perform their professional duties without fear and apprehension.The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners.The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.Q. Dr. X operated on a person Z on whom he held grudge as due to Z Dr, X's father had committed suicide. Z was unaware of this and came to know it after the operation. The operation was declared successful but a few days later in the symptoms of previous disease again returned which proved to be fatal. Decide.

Directions: Read the following passage and answer the question.Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do is essential ingredient of the offence. The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment.The medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care.Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires.A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field.In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of other professional doctor.The medical professional is often called upon to adopt a procedure which involves higher element of risk, but which he honestly believes as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure.Just because a professional looking to the gravity of illness has taken higher element of risk to redeem the patient out of his/her suffering which did not yield the desired result may not amount to negligence.Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession.It would not be conducive to the efficiency of the medical profession if no Doctor could administer medicine without a halter round his neck.It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessarily harassed or humiliated so that they can perform their professional duties without fear and apprehension.The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners.The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.Q. Smriti had undergone an operation in the stomach. Though the operation was successful she could feel a swelling and puss in her stomach. When an X-Ray was done it was found that a scissor was left in her stomach.

Directions: Read the following passage and answer the question.Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do is essential ingredient of the offence. The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment.The medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care.Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires.A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field.In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of other professional doctor.The medical professional is often called upon to adopt a procedure which involves higher element of risk, but which he honestly believes as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure.Just because a professional looking to the gravity of illness has taken higher element of risk to redeem the patient out of his/her suffering which did not yield the desired result may not amount to negligence.Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession.It would not be conducive to the efficiency of the medical profession if no Doctor could administer medicine without a halter round his neck.It is our bounden duty and obligation of the civil society to ensure that the medical professionals are not unnecessarily harassed or humiliated so that they can perform their professional duties without fear and apprehension.The medical practitioners at times also have to be saved from such a class of complainants who use criminal process as a tool for pressurizing the medical professionals/hospitals particularly private hospitals or clinics for extracting uncalled for compensation. Such malicious proceedings deserve to be discarded against the medical practitioners.The medical professionals are entitled to get protection so long as they perform their duties with reasonable skill and competence and in the interest of the patients. The interest and welfare of the patients have to be paramount for the medical professionals.Q. Amit was prescribed a medicine which caused allergy in his body. When asked about his medical history Amit did not mention the drugs he was allergic to. Amit sued the hospital and asked for compensation due to the problems he had to suffer.

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Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer?
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Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: In this section, every question is appended with facts and principles, and multiple choice answers. You are required to read the facts carefully, then read the principles, apply the principles to the given facts and make a select one the option which is the most appropriate answer from the given choices.Principle: Medical negligence is when a medical professional does not take the due care and attention which is taken by other medical professionals in a similar circumstance.Facts: Doctor Aubrey, a renowned surgeon, operated upon Shalini to remove a cyst from her stomach. After 10 days Shalini complained of pain in her stomach. On a second opinion it was found that a forceps had been left inside her stomach. Shalini had to go through another operation for the removal of the same. She sues Doctor Aubrey for damages on account of gross medical negligence.Decide.a)Since Shalini voluntarily took the risk, she cannot claim anything.b)Dr. Aubrey was negligent as he did not make sure that the forceps was out of Shalini’s stomach and is liable to pay damages.c)No medical professional pays attention about his equipment and therefore Dr. Aubrey did not take the attention taken by other professionals. Hence, Shalini cannot claim anything.d)Doctors will not be able to work if such suits are entertained. Therefore, Shalini’s suit is dismissed.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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