Rajni got herself operated in the Devashri Hospital for removal of her uterus, as a cyst was found to have developed near one of her ovaries. The surgeon, who performed the operation, left abdominal pack in the abdominal

According to section 2(1)(g) of the Consumer Protection Act, 1986, "Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. The principles, laid down by Supreme Court in the case of Kusum Sharma & Others versus Batra Hospital & Medical Research Centre & Others Supreme Court (CP), shall be kept in view while deciding the cases of medical negligence. As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence. In the present case the doctor is liable for medical negligence as by leaving abdominal pack in the abdomen, his conduct fell below that of the standards of a reasonably competent practitioner in his field. The doctor has breached all the above stated principles. Therefore, he is liable for medical negligence. Rajni will succeed in this case and will be entitled for compensation.