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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

A patient sues a surgeon alleging negligence after an operation failed, though the surgeon followed a procedure accepted by a responsible body of medical opinion. Under the standard applied to professionals in negligence, what is the likely outcome?

The surgeon is likely not liable. A professional must meet the standard of an ordinarily competent practitioner in that field, and following a procedure accepted by a responsible body of professional opinion generally shows reasonable care. A failed result alone does not establish negligence.

  1. AThe surgeon is not liable, as the standard is that of an ordinarily competent professional in that fieldCorrect
  2. BThe surgeon is liable, because every failed operation proves negligence
  3. CThe surgeon is liable unless he guaranteed the result in writing
  4. DThe surgeon is not liable only if he is the most skilled expert in the country

Explanation

A professional is judged by the standard of an ordinarily skilled member of that profession exercising reasonable care, not the highest expert skill. Following an accepted practice usually defeats the claim. A bad outcome alone does not prove negligence, so the option stating otherwise is wrong.

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