A person undergone appendisectomy. On post op day 10 he died, postmoem patholigst found gossypiboma. It is a case of ?

Ans. is 'c' i.e., Criminal negligence A gossypiboma (textilomaor cottonoid) refers to a foreign object, such as a mass of cotton matrix or a sponge, that is left behind in a body cavity during an operation. It is an uncommon surgical complication. Leaving a piece of gauze piece or abdominal sponge in the body is an act of criminal negligence. In such cases Resp Ipsa Loquitar(fact speaks for itself) applies. Generally the innocence of doctor is assumed and patient has to establish the guilt. However, it is not required to prove negligence in case where doctrine of resp ipsa loquitar applies; rather the doctor has to defend himself Medical negligence act is covered under IPC Sec 304-A IPC. Sec 304 A IPC peains to "Causing death by negligence". It is punishable up to 2 years. It is applied, usually, in any case of death due to a rash and negligent act, e.g. death caused by rash driving.