The judiciary entertain a traditional deference to the views of the medical profession about their liability for negligence. And, to err is human. application/pdf Negligence Negligence, in law, is an act or failure to act (omission), that doesn't meet the level of appropriate care expected, which results in injury or loss. To constitute negligence it must be shown that the conduct of the accused did not measure up to the standard of care the law required of him in the particular circumstances and that he acted with guilt and therefore can be blamed for the deed. well as proving the case are with the patient. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Where a duty of care is breached, liability for negligence may arise. endobj <> Section 298 and sections 327-29. x�+� � | The Supreme Court observed it was a case of medical negligence as necessary precautions were not taken by the doctors knowing the post-surgery complication that was usual in the case at hand. (physical or mental) where the damage was caused due to the breach of, If the negligent act is gross, ignorant, reckless and disregarded to the, sections 327 to 329 of the Penal Code when patient survives with, fourthly, it should be proved that the, of treating or healing. 4 0 obj <>stream <>/Font<>/ProcSet [/PDF /Text /ImageB /ImageC /ImageI]/ExtGState<>>>/Type/Page>> <>stream Medical malpractice occurs when a health-care provider strays from the recognized “standard of care” in the treatment of a patient. 14 0 obj PScript5.dll Version 5.2.2 Therefore, the person performing should possess the requisite skill to do the work. Limiting liability also would reduce healthcare providers ï incentives to prevent avoidable errors. 19 0 obj While medical negligence is usually the legal concept upon which theses kinds of medical malpractice cases hinge (at least from a "legal fault" perspective), negligence on its own isn't enough to form a valid claim. When a claim of medical negligence is made I believe the reform should ensure that they are dealt with effectively and in a non-time consuming manner. International Journal of Health Planning and Management, Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective. But when the negligence is the cause of harm to a patient, there may be a … nursing home, transport, investigations, cost of special equipment such, Damages that cannot be assessed exactly in rupees are called general. 1 0 obj Doctors … examination found a swab in his body. 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