The medical profession is considered a noble profession because it assists in saving life. We believe life is God gifted. Thus, a doctor figures in the scheme of God as he puzzles out to carry out his command. The chances of a patient are twofold: doctors and hospitals are asked to furnish medical treatment with all the knowledge and skill at their control and secondly, they will not do anything to harm the patient in any manner either because of their neglect, carelessness, or reckless attitude of their staff. Though a doctor may not be in a position to save his patient's life at all times, he is asked to use his special knowledge and skill in the most appropriate way, keeping in mind the interest of the patient who has committed his life
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In general ‘Negligence is a state or condition of intellect. Negligence essentially consists in the mental attitude of undue indifference with respect to one’s conduct and its consequences. Negligence is an attitude of indifference. The duty to take care leads to negligence. Breach of obligation gives rise to negligence.
150 years ago Lord Baron Alderson said “Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent and reasonable man would not do”.
This definition brings up question as to “reasonable man ” and test to determine a person as a reasonable man. It cannot be viewed as a precise meaning in terms of law as the concept of the ‘duty of care’ has not been referred. Mere negligence in itself does not give a cause of action. To afford a causal agent of action, there must negligence which amounts to a breach of duty towards the person alleging negligence. A definition without covering a ‘duty of care ’ does not serve as useful definition. However, the definition cannot be rejected as a whole as irrelevant since it may be used in non-medical negligence …show more content…
This definition puts a moral responsibility of the medical man to assist a patient with his expertisation. Every doctor will be bound to treat an ill person who visits him with the request of medical assistance. The question arises as to the exact point of time when the duty of the medical man initiates, and when the doctor owes a duty of care to the particular ill person. It can be said the obligation of the medical man gets set from the point of time when he accepts rather than initiates the treatment of a patient. From then on, he is bound to exercise due care and caution, utilizing his professional knowledge and skill for the benefit of the patient . However, the question persists, what does constitute reasonable care and skill, what are the measures to be adopted in determining lack of reasonable, thus, the definition has failed to set down parameters for the interpreting the term ‘reasonable’ and phraseology ‘reasonable skill’. All these ultimately create confusion not only for the patient, but also for the medical
In general ‘Negligence is a state or condition of intellect. Negligence essentially consists in the mental attitude of undue indifference with respect to one’s conduct and its consequences. Negligence is an attitude of indifference. The duty to take care leads to negligence. Breach of obligation gives rise to negligence.
150 years ago Lord Baron Alderson said “Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent and reasonable man would not do”.
This definition brings up question as to “reasonable man ” and test to determine a person as a reasonable man. It cannot be viewed as a precise meaning in terms of law as the concept of the ‘duty of care’ has not been referred. Mere negligence in itself does not give a cause of action. To afford a causal agent of action, there must negligence which amounts to a breach of duty towards the person alleging negligence. A definition without covering a ‘duty of care ’ does not serve as useful definition. However, the definition cannot be rejected as a whole as irrelevant since it may be used in non-medical negligence …show more content…
This definition puts a moral responsibility of the medical man to assist a patient with his expertisation. Every doctor will be bound to treat an ill person who visits him with the request of medical assistance. The question arises as to the exact point of time when the duty of the medical man initiates, and when the doctor owes a duty of care to the particular ill person. It can be said the obligation of the medical man gets set from the point of time when he accepts rather than initiates the treatment of a patient. From then on, he is bound to exercise due care and caution, utilizing his professional knowledge and skill for the benefit of the patient . However, the question persists, what does constitute reasonable care and skill, what are the measures to be adopted in determining lack of reasonable, thus, the definition has failed to set down parameters for the interpreting the term ‘reasonable’ and phraseology ‘reasonable skill’. All these ultimately create confusion not only for the patient, but also for the medical