Must some plaintiff prove grossness in case of criminal negligence even when ''fact speaks for itself''?India

Question

Suppose some surgeon by mistake forgets to remove a SWAB during operation from some patient's abdomen.
Few days after operation that patient dies because of sepsis & complications.
In that type of cases----''doctrine of res ipsa loquitur''---- applies very clearly.
So EVEN after the thing speaks for itself ;
must some plaintiff prove GROSSNESS of negligence or
wrong intention (Mens Rea) of that doctor;
beyond all reasonable doubts to make him CRIMINALLY liable in India??
And if that plaintiff fails to do so will court set that doctor free from charges of criminal negligence in India?

Answer 1

If the swab was left in the abdomen, the surgeon is liable. However, it may not necessarily be clear that the patient died because of that. The extent of damages would depend on how clearly a cause and effect relationship can be established between the swab being left and the subsequent sepsis and complications. For instance if the swab was left in the abdomen and the patient died of sepsis due to pneumonia, the cause and effect relationship is not that clear.