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You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.
Principle: It is a valid defence to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.
  • a)
    The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.
  • b)
    The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.
  • c)
    The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.
  • d)
    None of the above.
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
You go to a surgeon for an operation and complete all the requisite f...
The consent to the operation does not mean consenting to a negligent mode of operation by the surgeon.
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You go to a surgeon for an operation and complete all the requisite f...
Principle Explanation:
- It is a valid defence to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.

Explanation:
- The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.
- When you signed the statement accepting all risks associated with the operation, it is unlikely that leaving a scalpel inside your body was explicitly mentioned as a potential risk.
- As a patient, you can reasonably expect the surgeon to take all necessary precautions to ensure that no foreign objects are left inside your body after the operation.
- The surgeon's negligence in leaving a scalpel inside your body goes beyond the risks that you consented to when signing the statement.
- Therefore, the surgeon is liable for the harm caused by their negligence, and you have the right to sue for compensation.

In conclusion, the surgeon is liable for leaving a scalpel inside your body during the operation, as it was not a risk that you had consented to.
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You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.Principle: It is a valid defence to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the above.Correct answer is option 'C'. Can you explain this answer?
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You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.Principle: It is a valid defence to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the above.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.Principle: It is a valid defence to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the above.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. When you go for a scan after a week, you find out the same and sue the surgeon.Principle: It is a valid defence to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the above.Correct answer is option 'C'. Can you explain this answer?.
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When you go for a scan after a week, you find out the same and sue the surgeon.Principle: It is a valid defence to a tort claim that the injured person had knowledge of and voluntarily agreed to suffer the harm.a)The surgeon is not liable because you have voluntarily consented to take all the risks associated with the operation.b)The surgeon is not liable because though he is willing to conduct another operation and remove the scalpel, you are not permitting him to do so.c)The surgeon is liable because you have not consented to the risk of a scalpel being left inside your body during the operation.d)None of the above.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of You go to a surgeon for an operation and complete all the requisite formalities including signing a statement that you accept all risks associated with the operation. During the course of the operation, the surgeon negligently leaves a scalpel inside your body. 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