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VOL. 4, ISSUE 4 (2022)
Medical negligence: Indian legal perspective
Authors
Kuldeep Yadav
Abstract
An all-encompassing term, "medical negligence," has gained popularity to describe wrongdoings committed by medical personnel while practicing their trade and interacting with patients. In none of the Indian laws that have been passed, the phrase is defined or even mentioned once. With the least amount of legalese possible, this article aims to describe the fundamental aspects of "medical negligence." Additionally, this article is meant to enlighten rather than debate the complex problems raised by the topic. Instead of being an exhaustive list of authorities, the methodology used is descriptive; it is based on judicial opinions from higher courts in India and is only confined to certain judicial judgments. "Law ignorance is no defense," Everywhere follows the rule. A doctor in particular should be knowledgeable about legislation since it pertains to the medical field. The medical profession is different from other industries in terms of professional liability. occupations because elements outside of the doctor's control determine whether a therapy is successful or unsuccessful. No clinician is permitted to unfairly exploit this information or engage in careless behavior that could endanger a patient's health. The number of lawsuits in the medical field is rising daily. Super-specializing doctors can potentially be sued in both civil and criminal cases. This causes doctors to become overly cautious during treatment, which ultimately has an impact on both the legal system and the broader medical profession. Therefore, in order to prevent medical negligence cases, we will discuss various aspects of medical negligence one by one in this series of articles. These include the history of medical negligence, doctor-patient relationship, duties of the doctor towards the patient, duties of the patient towards the doctor, areas of medical negligence, causes of medical negligence, and importance of consent in the medical profession, liability and its extent, approach of various countries to medical negligence.
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Pages:54-56
How to cite this article:
Kuldeep Yadav "Medical negligence: Indian legal perspective". International Journal of Law, Policy and Social Review, Vol 4, Issue 4, 2022, Pages 54-56
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