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seenu · Credits: 3752 My Scrapbook

Q.350. all of the following can be used in criminal negligence except
a) res ipsa liquitor b) contributory negligence c) law of vicarious liability
d) novus actus interveniens

SATVIK · Credits: 958 My Scrapbook

answer - option a and b

res ipsa liquitor means that the facts speak for themselves.
the doctor concerned or accused has to establish that the damage suffered by the patient was not due to his negligence.
eg:- in a circumstance where a doctor in his prescription wrongfully directs a patient to take a medicine orally which is exclusively for external use, and if the patient suffers any damage, the wring prescription of the doctor "SPEAK FOR ITSELF " that the docotr was negligent on his part and may be punished for it.
again contributory negligence is a good defence for a doctor in civil cases but not in criminal negligence cases.in a criminal negligence case the negligence is gross and the resultant damage is also gross. while prescribing a very dangerous drug to a patient the doctor should give proper instructions regarding the usage of the drug.if he fails to give propere instructions and the patient suffers any damage, then the doctor alone is responsible for the damage and hence is a very poor defence for the doctor.

ref - APURBA NANDY
pg no - 33, 36

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