Medical law and ethics: volenti non fit injuria: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Medical law and ethics: volenti non fit injuria

Sample item

A patient signs consent after being told of the recognised risk of nerve injury in a thyroid operation. The injury occurs despite proper technique. Which defence is the surgeon invoking?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

A. Volenti non fit injuria

Volenti non fit injuria means that a person who voluntarily accepts a known risk cannot claim for the resulting harm. It applies to inherent risks of a properly performed procedure but not to negligent performance.

Option by option

  • A. Volenti non fit injuria (correct)

    Correct. Informed acceptance of a recognised risk is the defence of volenti non fit injuria.

  • B. Vicarious liability

    Vicarious liability is an employer's responsibility for an employee.

  • C. Contributory negligence

    Contributory negligence needs the patient's own careless contribution to harm.

  • D. Res ipsa loquitur

    Res ipsa loquitur is used by the claimant to infer negligence.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

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Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is A, Volenti non fit injuria. Volenti non fit injuria means that a person who voluntarily accepts a known risk cannot claim for the resulting harm.

Why is "Vicarious liability" not the answer?

Vicarious liability is an employer's responsibility for an employee.

Why is "Contributory negligence" not the answer?

Contributory negligence needs the patient's own careless contribution to harm.

Why is "Res ipsa loquitur" not the answer?

Res ipsa loquitur is used by the claimant to infer negligence.

What concept does this question test?

It tests Medical law and ethics: volenti non fit injuria in Forensic Medicine. It applies to inherent risks of a properly performed procedure but not to negligent performance.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Medical law and ethics: volenti non fit injuria?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.