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VOL. 3, ISSUE 3 (2021)
A study on medical negligence and the laws
Authors
Sarthaka Kumar Rath, Abhinab Kumar Swain
Abstract
A basic understanding of how judicial forums handle instances involving medical negligence is essential for doctors. The demand for such knowledge is greater than ever before, given the Indian forums' increased emphasis on the value of human life and suffering, which is perhaps justified. While judicial forums try to identify delinquents and delinquency in cases of medical negligence, they also try to strike a careful balance between a doctor's liberty to make decisions and a patient's right to be treated fairly. In the adjudication process, court venues tend to offer doctors enough latitude and specifically recognize the complexity of the human body, the inexactness of medical science, the inherent subjectivity of the process, actual scope for judgement mistake, and the importance of doctors' autonomy. The law does not set a limit on how high of a standard can be applied, but it does set a minimum threshold below which patients cannot be treated. Judicial forums have also indicated a greater need for doctors to communicate with patients during treatment, particularly when the treatment line is challenged, has substantial adverse effects, and other treatments are available. In this article the researchers had discuss the negligence briefly. This article not only covers the criminal laws but also civil process. Further this paper analyses a number of recent Supreme Court judgments.
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Pages:01-03
How to cite this article:
Sarthaka Kumar Rath, Abhinab Kumar Swain "A study on medical negligence and the laws ". International Journal of Law, Policy and Social Review, Vol 3, Issue 3, 2021, Pages 01-03
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