A person was advised by his ohopedic surgeon to get regular dressing of his wound done. But the patient did not give much care. During follow-up, patient was repeatedly told to get the dressing done timely but patient didn't do the dressing himself, saying that he was busy. Finally the wound enlarged and the underlying bone developed osteomyelitis. Which of the following statement is true regarding above-mentioned situation?
Doctor is guilty under "Last clear chance" doctrine
Doctor is not guilty under "Contributory negligence"
Doctor is punishable under avoidable negligence
Doctor is guilty as he prescribed wrong medicines
Ans: A. Doctor is guilty under "Last clear chance" doctrine(Ref Reddy 34/e p38, 33/e p40)Last Clear Chance Doctrine:Possibility of doctor saving the patient (plaintiff) by dressing wound properly the 2nd time, hence curing without osteomyelitis development.Hence, doctor is paly guilty for the outcome (osteomyelitis).Criteria included:Failure of doctor to prevent damage resulting from negligent act of patient, even after getting clear time, he cannot plead contributory negligence in civil cases.Elements of proof:Defendant- Doctor.Defendant recognized the danger & acquired a duty to avoid it.Defendant failed to avoid danger.Plaintiff - Patient.Plaintiff placed themselves in a situation of risk or danger through their own negligence.Plaintiff could not avoid the danger.Plaintiff was injured as a result of the defendant's failure.