Sameer got himself operated for the removal of his one kidney in Dr. Anand’s Hospital, due to negligence of the surgeon, who performed the operation a piece of cotton was left in his abdomen. The same was removed by a second surgery for which Sameer was not paid any amount. In the light of above facts, which one of the following statements is correct ?
1
Surgeon cann’t be held responsible as surgery is professional art, highly technical and having chances of human error, for which he can’t held liable, howerer Hospital has to pay compensation.
2
Surgeon can be held liable, provided that Sameer is successfully proved that he is consumer and there is deficiency in the service rendered. Again Sameer has not paid for 2nd surgery.
3
Despite negligence, the hospital and surgeon have defence under ‘‘Res Ipsa Loquitur.
4
Surgeon will be responsible. The piece of cotton in the abdomen of Sameer is sufficient proof and is a result of Res Ipsa Loquitur.