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  • Read the passage and answer the question that follow. The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In

Read the passage and answer the question that follow.
The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In libel, the defamatory statement is made in some permanent and visible form in writing or otherwise recorded, such as printing, typing, pictures, photographs, caricatures, effigies. In slander, the defamatory statement or representation is expressed by speech or its equivalent. Besides the general defences applicable to all actions in torts, such as limitation, consent, accord and satisfaction, previous judgment, etc., the three special defences available in action for defamation, under the common law, are (1) justification (or truth), or (2) privilege, absolute or qualified, and, (3) fair comment. Truth is a defence in a Civil action, "For the law will not permit a man to recover damages in respect of an injury to a character which he either does not or ought not to possess. In a civil action, the defendant has to plead and prove the truth of the defamatory words, and not merely his belief in their truth, though honest. 'Privilege' is used here in the sense of an excuse or immunity conferred by law on statements or communications made on certain occasions called 'privileged occasions'. A privileged statement, therefore, is one which is made in such circumstances as to be exempt from the rule that a man attacks the reputation of another at his peril, that is, at his own risk. In other words, privilege includes those exceptional cases in which it is not enough, in order to create liability, to prove that the defendant has published a false and defamatory statement. The defendant being privileged, is not responsible for this alone; he is either wholly free from responsibility or is liable only on proof that he was animated by a malicious motive, and not by any genuine intention to use his privilege for the purpose for which the law gave it to him.
Question
X claims to be a doctor and provides medical consultation to minor illnesses without any medical licence. B, who suffered an accident near the place where X has his office, is brought to X for treatment. B is asked to sign immediately on a paper where he allows X to operate on him. During the treatment, X leaves a needle in B’s abdomen causing a major infection. Determine the correct statement:

 

Option: 1

X is for medical malpractice.

 


Option: 2

X is not liable since B signed a contract providing his consent.

 


Option: 3

X is liable to provide damages to B and punishment.

 


Option: 4

The people who brought B to X are liable.

 


Answers (1)

best_answer

X is liable to pay damages since he has no right to provide medical help, as it requires permission from the right authorities. He is also liable for causing hurt, or grievous hurt depending upon the magnitude of infection. a) is not the right option since medical malpractice cannot be levied on someone with no medical licence. b) is not the right option since the consent was wrongfully obtained, and B was not in a condition to know whether X was a doctor or not. d) is not the right option since those people had no wrongful intent.

 

Posted by

Rakesh

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