Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law re quires: The doctor no doubt has a discretion in choosing treatment which he proposes to give to the patient and such discretion is relatively ampler in case of emergency . " Street on Torts (1983) (7th edn.) suggests that doctrine of Res Ipso Loquitur is attracted: " . . where an unexplained accident occurs from a thing under the control of the defend ant, and medical or other experts evidence shows that such accidents would not happen if proper care were used, there is at least evidence of negligence for a jury." (P. 126) Charlsworth & Percy on 'Negligence ' refer to a case where a 252 woman was placed in the same ward with another suspected of, and later found to be suffering from, puerperaI fever and as a result she got puerperal fever herself.