Principle: Negligence is actionable in law. In simple t

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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?

[CLAT 2017]

A Liability for negligence does not arise here as A performed the operation sincerely

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

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

D A is liable for the negligence as he failed to take proper care during the surgery.