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Doctors Medicines MCQs Q&A

Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of 'A', Dr. 'B' left a mop inside the body of 'A'. 'A' suffered acute pain and has to be operated again for the removal of the mop.
'A' sues Dr. 'B' for damages.

Principle: General rule is that it is for the plaintiff to prove negligence of the defendant. But if the thing causing the injury is under the control of defendant and injury is such as would not occur without negligence, law presumes negligence.
Facts: While performing a surgery for the removal of stones from the kidney of 'A', Dr. 'B' left a mop inside the body of 'A'. 'A' suffered acute pain and has to be operated again for the removal of the mop.
'A' sues Dr. 'B' for damages. Correct Answer Dr. 'B' is liable as leaving a mop inside the body during surgery raised a presumption of negligence on his part

Related Questions

At an Electronic Data processing unit, five out of the eight program sets P,Q,R,S,T,U,V and W are to be operated daily. On any one day, except for the first day of a month, only three of the program sets must be the ones that were operated on the previous day. The program operating must also satisfy the following conditions: 1. If program P is to be operated on a day, V can’t be operated on that day. 2. If Q is to be operated on a day, T must be one of the programs to be operated after Q. 3. If R is to be operated on a day, V must be one of the programs to be operated after R. 4. The last program to be operated on any day must be either S or U. If the program sets R and W are to be operated on the first day, which of the following could be the other program on that day?
A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.
Which of the following statements is/are correct in connection with malicious prosecution?
1. Malice is to be inferred from the acquittal of the plaintiff.
2. Malice is not to be inferred from the acquittal of the plaintiff.
3. The plaintiff must prove independently of the acquittal that his prosecution was without reasonable and probable cause,
4. The plaintiff is not required to prove that his prosecution was without reasonable and probable cause.
Select the correct answer using the given below:
Owing to the negligence of the defendant railway company, the plaintiff and his family were made to get down at the wrong railway station. No accommodation was provided. As a result, the plaintiff's wife caught cold. The plaintiff claimed damages for consequential loss on account of medical expenses incurred for her treatment and her loss due to pay-cut in office. The claim for damages will not succeed on ground of:
Many people to improve or reconstruct their body parts opt plastic surgery. When people think of plastic surgery, they only think of the perfectly smoothed, flawless result but there are tons of risks involved in it. Millions of cosmetic procedures are performed each years, and many without incident. Plastic Surgery is not cheap but costs tens of thousands of dollars. There are studies that prove that there are many complications involved in this to human health. Which of the following, if true, would weaken the studies conclusion?
Which of the following requirements form an essential element of the tort of malicious prosecution?
1. Prosecution of the plaintiff by the defendant
2. Termination of the case in favour of the defendant
3. Termination of the case in favour of the plaintiff
4. Presence of reasonable and probable cause
5. Absence of reasonable and probable cause
6. Malice on the part of the defendant
7. Damage suffered by the plaintiff
Select the correct answer using the given below:
Given below are two premises (a) and (b). Four conclusions are drawn from them. Select the code that states validly drawn conclusion(s) [taking the premises individually or jointly]. Premises:   (a) All diamonds are precious stones. (b) Some carbon compounds are diamonds. Conclusions:  (i) All precious stones are diamonds. (ii) Some non-carbon compounds are precious stones. (iii) All precious stones are stones compounds. (iv) Some carbon compounds are precious stones.
A kidney can be taken safely from a living person, and can save the life of a dying patient. Given that the demand for kidney transplants exceeds the supply of donated kidneys, the law in the India that forbids people to sell one of their kidneys should be abolished, because this would result in a greater number of successful kidney transplants. People are worried that it would involve rich patients exploiting poor potential donors. But selling one's kidney to support one's family is not very much different from supporting one's family by working in a dangerous occupation. Some patients have bought kidneys and received transplants in other countries, where the risks to their life from such operations can be great. Select an assumption supporting the above argument from following options.
To prove both the parts of the offence contemplated in Section 116 of the Indian Penal Code, which of the following must be proved by the prosecution?
1. To prove the first part, the accused did abet the offence either by instigation or by conspiracy or by intentional aiding or by illegal omission.
2. To prove the first part, the offence was such which is punishable with imprisonment.
3. To prove the second part, the person abetted was a public servant during the period he was abetted.
4. To prove the second part, it was the duty of such public servant to prevent the commission of such an offence.