MEDICAL NEGLIGENCE

AUTHOR – UJJWAL SINGH, STUDENT OF FACULTY OF LAW, BANARAS HINDU UNIVERSITY

BEST CITATION – UJJWAL SINGH, MEDICAL NEGLIGENCE, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 600-606, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2

Abstract

In the ancient times, placed on a high pedestal, medical field, which required high degree and learning skill, commanded great public awe and respect. Confidence and faith, by people at large, was bestowed on these medical attendants in abundance, and in turn, they showed sincere concern for their patients. Within the framework of duty towards their patients and the superimposed stamp of nobility, the earning of livelihood had become and indeed was looked upon as merely a by-product of their activity. No fixed norms of payment existed; it simply depended upon the goodwill and pocket of the beneficiary of the skill. Since then it has been the most self-sacrificing occupation, without fail, it had to work relentlessly for self-immolation. Just pause and ponder. The doctor continuously consistently and ceaselessly works and seeks to move towards the cure of the very disease which forms his bread and butter. 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 primarily defined as the result of a breach of duty, a failure to take care, and a breach of duty. Medical negligence is defined as the failure of a doctor to exercise appropriate care and skill toward a patient, which results in physical, emotional, and financial harm as well as permanent incapacity. It falls under the category of both- civil wrong and criminal offence. This paper tries to revolve around the growing concern of medical negligence cases and laws governing it.

Keywords- Negligence, breach of duty, medical profession, judgements, new approach