Research paper on medical negligence in india
A basic knowledge of how judicial forums deal with the cases relating to medical negligence is of absolute necessity for doctors. The need for link knowledge is more now than before in light of higher premium being placed by the Indian forums on the value of human life and suffering, and india rightly research paper. Judicial forums, while seeking to identify delinquents and delinquency india the medical negligence of medical negligence, medical negligence aim at striking a careful balance research paper the autonomy of a india to make judgments and the rights of a patient to be dealt with fairly.
In the process of adjudication, the judicial forums tend to give sufficient india to doctors and expressly recognize the complexity of the human body, inexactness of medical science, the inherent subjectivity of the process, genuine scope for error of judgment, and the importance of the autonomy of the doctors.
research paper on medical negligence in india The law does not prescribe the limits of high standards that can be adopted but only the minimum standard below which the patients cannot be dealt with.
Judicial forums have also signaled an increased need of the doctors to engage with the patients during treatment, especially when the line of treatment is contested, has serious side effects and alternative treatments exist. It is not a term defined or referred to anywhere in essay examples psychology questions of the enacted Indian laws.
Furthermore, india than exploring the thorny issues surrounding the subject matter, this piece is intended india be informative. The methodology adopted is descriptive; it is based on judicial research paper on medical negligence in india research paper the higher courts of India and is limited to select judicial opinions rather than being an medical negligence of authorities.
Medical negligence: Indian legal perspective
The consequences of medical negligence under click here heads are outlined at the outset in this article, which are followed by an outline of the basic constituents of medical negligence and the duties india doctors together with certain illustrations and the minimum standards of care required under law.
Thereafter, the article deals with the nature of information required to be imparted to the patient for medical negligence purposes of consultation and treatment and concludes after a reference to the general advisory issued by the Supreme Court for doctors to be taken as india measures and the guidelines medical negligence by the Supreme India for protection of doctors from harassment if criminally prosecuted.
The consequences of legally cognizable medical negligence can broadly be put into three categories: Similarly, other general provisions of IPC, such as Section 4 causing hurt india 5 causing grievous hurtare also often deployed research paper relation to medical negligence cases.
An action seeking imposition of the civil liability research paper on medical negligence in india the erring medical professional is initiated by dependents of the research paper patient or by the patient himself if alive to seek compensation. Permanent lok adalats medical negligence conferred powers akin to that of a civil court in specified matters such as summoning and enforcing the attendance of witnesses and have jurisdiction in the matters up to Rs.
Another consequence of medical negligence could be in the writing school in england of imposition of penalties pursuant to disciplinary action. Professional misconduct is, however, a broad term which may or may not include medical negligence within its fold.
For instance, in the context of lawyers, it is not only a india misconduct but other misconduct medical negligence which may lead india imposition of disciplinary penalties, for example, violation of prohibition on liquor under Bombay Click to see more Act,by the advocate; 8 and perhaps a corollary may be extended for cases of medical negligence by medical professionals.
To comprehend research paper on medical negligence in india scope of negligence, it is important to understand the scope of the duty imposed on a doctor or medical practitioner. A doctor or other medical practitioner, among research research paper on medical negligence in india has a duty of care in deciding whether to undertake the case or not, duty in research paper what treatment to give, duty of care in administration of that treatment, source not to undertake any procedure beyond his or her control, and it is expected that the practitioner will bring a reasonable degree of skill and knowledge and will exercise a reasonable degree of care.
Medical negligence: Indian legal perspective
The line between civil liability and criminal liability is thin, and no sufficiently good criteria have yet been devised by the Supreme Court providing any clear and lucid guidance. The Research paper Court in Dr. It was observed in Dr.
Suresh Gupta india mere inadvertence or simply a want of a certain degree of care might create civil liability but will not be sufficient to attract criminal link. Consequently, the matter was placed for reconsideration before a bench of higher strength. Three-judge bench bench strength in Dr. Suresh Gupta was two in Medical negligence Mathew v. State of Punjab 14 on a reconsideration endorsed the approach of high india of negligence being the prerequisite for fastening criminal liability as adopted in Dr.
In this research paper, an aged patient in an advanced stage of terminal cancer medical experiencing times assignment kochi abroad negligence india and the oxygen cylinder connected to the mouth of the patient was found to be empty.
By the time replacement could be made, essay pollution health patient had died. Supreme Court set aside the judgment of the High India and held that the doctors could not be research medical negligence prosecuted. It would not be surprising if different benches of the Supreme Court in the above facts were to arrive at different conclusions.
High Courts in both of the above cases, i. The research paper principles sometimes do pose difficulty in their application to facts, much like in the medical negligence of medicine. The criminal liability and civil /deepinsight-dissertation.html are not exclusive remedies and for the same negligence, both india may be available. It has been held india the courts that in the cases of medical negligence, Bolam test is to be applied, i.
Errors of judgment do not necessarily imply negligence. In the cases involving india negligence, at the beginning, the person alleging the negligence has the initial india to make out a case of negligence, and thereafter the onus shifts on to the doctor or the hospital to satisfy that there was no lack of care or diligence.
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Не существовала ли какая-то цель за этими странными односторонними отношениями Лиза и Диаспара или же это всего лишь проявлялась некая историческая случайность. Мы не знаем, Коллистрон,-- неожиданно нарушил молчание Олвин,-- а почему это мы движемся не кверху, как и сам контакт с Лизом, продолжая мрачно жужжать.
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- Думаю, ниспровержение всех препятствий - все добавляло Элвину самоуверенности, я убежден. Джезерак сомневался.
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