Leaving (or forgetting) an instrument or sponge in the abdomen of the patient during a surgery and closing operation is:
Correct Answer: Criminal negligence
Description: Ans. d (Criminal negligence). (Ref. Textbook of FMT by Parikh 6th ed. 1.46)Contributory negligencea common law defence to a claim or action. It applies to a situation where a plaintiff claimant has, through their own negligence, caused or contributed to the injury they suffered. For example where a pedestrian crosses a road carelessly and is hit by a driver who is also driving carelessly.Comparative negligencea system of apportioning recovery for a tort based on a comparison of the plaintiff's negligence with the defendant's. It contrasts with the doctrine of contributory negligence, which disallows recovery by a plaintiff whose actions in some way, however small, contributed to the tort.Criminal negligencedefined as careless, inattentive, neglectful, willfully blind, or in the case of gross negligence what would have been reckless in any other defendant. For example, leaving (or forgetting) an instrument or sponge in the abdomen of the patient during a surgery and closing the operation contributes to criminal negligence.Corporate manslaughtera term for an act of homicide committed by a company. In general, a legal person is in the same position as a natural person, and may be convicted for committing virtually all offences, under English criminal law. The Court of Appeal confirmed in one of the cases following the disaster that a company can in principle omit manslaughter, although all defendants in that case were acquitted
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