X, a Surgeon, while conducting an abdominal operation on Y, leaves the scissors inside the body of Y. Y suffers lot of pain. Y sues X for damages. Discuss and decide.
Y can sue X for damages as X has committed the tort of ‘Negligence’. ‘Negligence’ is the breach of legal duty by omission to do something, which a reasonable man would do or by doing something, which a reasonable man would not do. It is the neglect of care which law requires.
- Here the defendant namely X, (Surgeon) is under a legal duty of care and skill in conducting the operation.
- Such a legal duty is towards the plaintiff namely Y.
- X had failed to perform his duty properly, because he left the scissors inside the body of X.
- The damage or loss suffered by X is the direct result of the negligence of X. Hence X is guilty of the tort of ‘Gross Negligence’ and liable to pay damages to Y.