Question

A surgeon returns home from a party after many pegs of alcohol and is called to perform an emergency operation. During the operation, the assisting staff noticed the surgeon’s handshaking and the instruments falling. He eventually nicks an artery, and the patient collapses. Under which of the following terms will this incident be tried?

• A. Criminal negligence
• B. Civil negligence not amounting to criminal negligence
• C. Therapeutic misadventure
• D. Dichotomy

Answer 1

The Correct Option is A

In the given scenario, a surgeon, under the influence of alcohol, performs an emergency operation, leading to a critical mishandling of surgical instruments, resulting in harm to the patient. This situation is classified as criminal negligence. Let's analyze why this is the appropriate term:

1. Definition of Criminal Negligence: It involves a gross deviation from a reasonable standard of care, demonstrating a reckless disregard for the safety of others. In the context of medical practice, it applies when a healthcare professional’s conduct is so egregious that it becomes a criminal matter, not just a breach of professional duty.
2. Factors in the Scenario: The surgeon, knowingly impaired by alcohol, engages in critical decision-making and manual skills required for surgery, which severely compromises patient safety.
3. Evidence of Harm: The surgeon's impaired state causes hand tremors and instrument mishandling, directly resulting in nicking an artery and causing the patient to collapse.
4. Legal Implications: These actions transcend civil negligence, which concerns breaches of duty without a criminal aspect. Here, there's a blatant disregard for patient safety under conditions warranting criminal charges, fitting the definition of criminal negligence.