Medical law: contributory negligence: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law: contributory negligence

Sample item

A patient with a leg in plaster ignores the surgeon's repeated advice to avoid weight-bearing, walks on it, and has displacement of the fracture. In a suit, which defence may reduce the surgeon's liability?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

C. Contributory negligence of the patient

Contributory negligence means the plaintiff's own failure to take reasonable care contributed to the harm, so the damages are reduced in proportion to his share of the fault. Here the patient disregarded clear advice. The doctor should document the advice given and the patient's non-compliance.

Option by option

  • A. Vicarious liability

    Vicarious liability concerns responsibility for another person's acts.

  • B. Res ipsa loquitur

    Res ipsa loquitur supports the plaintiff, since the thing speaks for itself.

  • C. Contributory negligence of the patient (correct)

    Correct. The patient's disregard of advice shares the blame and reduces damages.

  • D. Therapeutic privilege

    Therapeutic privilege means withholding information thought to harm the patient.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

More Forensic Medicine questions

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is C, Contributory negligence of the patient. Contributory negligence means the plaintiff's own failure to take reasonable care contributed to the harm, so the damages are reduced in proportion to his share of the fault.

Why is "Vicarious liability" not the answer?

Vicarious liability concerns responsibility for another person's acts.

Why is "Res ipsa loquitur" not the answer?

Res ipsa loquitur supports the plaintiff, since the thing speaks for itself.

Why is "Therapeutic privilege" not the answer?

Therapeutic privilege means withholding information thought to harm the patient.

What concept does this question test?

It tests Medical law: contributory negligence in Forensic Medicine. Here the patient disregarded clear advice. The doctor should document the advice given and the patient's non-compliance.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law: contributory negligence?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.