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  • Medical Neg

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    Aditya Chaubey
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    When a patient seeks medical care from a doctor, there is an implied duty of care on the doctor. Medical negligence occurs when a doctor breaches this duty of care, resulting in bodily, mental, or financial harm to the patient. To prove medical negligence, it must be shown that the doctor owed a duty of care, breached that duty, directly caused actual damage to the patient. The standard of care expected of a doctor may vary depending on their qualifications and experience. Key court cases have helped define the legal standards and principles around medical negligence in India.

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    When a patient seeks medical care from a doctor, there is an implied duty of care on the doctor. Medical negligence occurs when a doctor breaches this duty of care, resulting in bodily, mental, or financial harm to the patient. To prove medical negligence, it must be shown that the doctor owed a duty of care, breached that duty, directly caused actual damage to the patient. The standard of care expected of a doctor may vary depending on their qualifications and experience. Key court cases have helped define the legal standards and principles around medical negligence in India.

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    9 views4 pages

    Medical Neg

    Uploaded by

    Aditya Chaubey
    When a patient seeks medical care from a doctor, there is an implied duty of care on the doctor. Medical negligence occurs when a doctor breaches this duty of care, resulting in bodily, mental, or financial harm to the patient. To prove medical negligence, it must be shown that the doctor owed a duty of care, breached that duty, directly caused actual damage to the patient. The standard of care expected of a doctor may vary depending on their qualifications and experience. Key court cases have helped define the legal standards and principles around medical negligence in India.

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    © All Rights Reserved
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    MEDICAL NEGLIGENCE

    • When a patient comes to a doctor for care and the doctor accepts the same, at that moment an implied
    duty of care arises.
    • negligence is the breach of duty owned by a doctor to his patient to exercise reasonable care and skills
    • bodily, mental and in turn financial loss and disability
    • Medical negligence is one category of civil wrong
    • BOP: Pf
    1. The doctor owed him a duty of care of a particular standard of professional conduct
    2. The doctor breached that duty
    3. The patient suffered actual damage and
    4. The doctors conduct was or direct and proximate cause of damage.
    • An error of judgment
    • The degree of profiency varies with the qualifications and experience of the doctor.
    • Stage:
    1.  history taking
    2. Clinical examination
    3. Prescribing investigations which in the opinion of the doctor are essential
    4. Suggesting names of hospitals or doctors for investigations
    5. Diagnosis
    6. Guidance in the use of ancillary aids, if any, necessary for better and quicker prognosis
    7. Instructing the patient on do's and don'ts.
    • Bolam v. Friern Hospital Management Committee, 1957
    • Bolitho v. City and Hacney Health Authority, 1997
    • Jacob Mathew v. State of Punjab, 2005
    • Nizam’s Institute of Medical Scinces v. Prasanth.S. Dhananka and oyhers., 2009
    • Maharaja Agrasen Hospital and others v. Rishaabh Sharma and others, 2020

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