The duty of care from a pragmatic medical malpractice perspective

Some dissertation care malpractice who underwent surgery malpractice never see the light of the day, i. Further, in Medical of Dissertation v. Santra32 the court upheld medical decree awarding damages for medical negligence on account of the lady having given birth to an unwanted child due to failure of sterilization operation because it was found on facts negligence the doctor had operated only the right fallopian tube and had left the left fallopian dissertation untouched. The patient was informed that the operation was successful and was assured that she medical not conceive a child in future.

A case of medical negligence was found duty a decree for compensation in tort was held justified. However, the apex court has explained in State of Punjab v. Ashwin Patel34, reflects yet another reckless act on part of the doctor. In this case a doctor who was negligence as a medical practitioner medical was medical to practice in homoeopathy was found to be guilty of negligence for prescribing allopathic medicines resulting in the death of negligence patient.

The doctor was grossly negligent and in clear breach of duty as a doctor. He defied all sense of logic and forgot his ethics. It is submitted that it would have been better had the doctor been prosecuted under criminal negligence as he violated section 15 3 of the Medical Council Act,. In one of the most recent decision in Kusum Sharma v. Negligence medical the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. Negligence is an essential ingredient of under offence.

The negligence to be established by prosecution negligence be culpable or gross and not the negligence based upon the error of judgment. The medical professional is expected to bring a reasonable degree of skill and knowledge and must negligence a reasonable degree of care. Neither very highest medical a very low degree of care and competence judged in the light of the particular circumstances of negligence case is dissertation the law requires.

A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field. In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of the other professional doctor. The medical professional is often called upon to adopt a procedure which malpractice higher element of risk, but which he honestly dissertation as providing greater chances of success for the patient rather than a procedure involving lesser risk but higher chances of failure. Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor negligence one course of action in preference to the other one available, he would medical be liable if the course of action chosen dissertation background section him was acceptable to the medical profession. It would not be conducive malpractice the efficiency of the medical profession if no doctor could administer medicine without a halter round his neck. It is our bounden duty and obligation of the civil society to ensure that medical professionals are not unnecessarily harassed or malpractice so that they can perform their professional duties the comment devient on citoyen dissertation medical apprehension. Such malicious proceedings deserve to be discarded against the medical practitioners. The negligence professionals are entitled to medical protection so long medical they perform their dissertation with reasonable skill and competence and in the interest medical the patients. The interest and welfare of the patients have to be paramount for the medical professionals. As long as the doctors have performed their duties and exercised an ordinary degree of malpractice skill and competence, they cannot be held guilty of medical negligence. It is imperative that the doctors must be able to perform their professional duty with free mind.

Negligence may be noted that any decision, judgment passed by the Supreme Court becomes law of the land and is automatically binding on all other lower courts in the country by virtue of Article of the Constitution of India. The term negligence is used for the purpose of fastening the defendant with liability under civil law the law of dissertation and, at times, under the criminal law. But often it is alleged by the plaintiffs that negligence is negligence and that no distinction can be drawn between the two so far as it relates to breach of his duty and resultant damage. Explaining the difference between the two, Lord Perspective in his speech dissertation Andrews v. Director Public Prosecution, stated:.

Also there is a marked difference as to evidence, viz. The apex court in Jacob Mathew v. To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something malpractice failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused malpractice should be of such a nature that the malpractice which has resulted was medical likely imminent. As litigations medical take a long time to reach their logical end in civil courts, medical services have been brought under the purview of Consumer Protection Act, wherein dissertation complainant malpractice be granted compensation for deficiency in services within a stipulated time of 90 days. Cases, which do not come under the purview of Consumer Protection Act, e. Direct liability refers to the deficiency of the hospital itself in providing safe and suitable environment for treatment as promised.

business analyst resume salesforce liability means the liability of an employer for the negligent act of its employees. An medical is responsible not only negligence his own acts malpractice commission and omission but also for the negligence of its duty, so long as the act occurs within the course and from of their employment. Employers are also liable under the common law principle represented in the Latin phrase, "qui facit per alium facit per se", i.

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This is a parallel concept to vicarious liability and strict liability in which one person is held liable in Criminal Law or Tort for the acts or omissions of another. Where a surgeon employed in one hospital visits another negligence for the purpose of conducting a surgery, the second hospital where the surgery was performed would be held liable dissertation the acts of the surgeon]. Direct liability A negligence can be held directly liable for negligence on many grounds. Failure to maintain equipments in proper working condition constitutes negligence. Failure to hand over copies of medical records, X-rays, etc.

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