Submitted to: -
Prof. Aruna B. Venkat
Submitted by: -
1st Year-1st SEM.
Roll No. 2015-57
I choose this movie because in the present scenario, medical negligence has been topic of great scrutiny. The number cases filed for negligence is on increasing side. This is not only harmful for the person affected, but also a matter to be given a great thought of. Doctors through there code of conduct are highly responsible to take care of the patient and such negligent care on their part does not only results in money loss to the party but also serious complications in many cases , and it may many a times result into death of the party.
So medical negligence is not something that can be reprimanded and serious actions needs to be taken against it. As it denigrates the image of doctor in the right thinking people, doctors are seemed to be as sanctified figure. And it needs to …show more content…
First what is negligence?
Negligence is the breach of legal duty which defendant owes towards the plaintiff.
According to Jay M. Feinman of the Rutgers University School of Law;
The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeable cause to other people."
Similarly medical negligence is a professional negligence in which health care provider (doctor) breach his duty which he owes towards the patient. A doctor owes certain duty towards the patient who consults him for illness. Deficiency in this duty which causes injury and death of the patient result the negligence. In medical negligence compensatory damages are awarded to the patient for the injury caused by the doctor negligence
Medical negligence can be seen various times like reasonable care is not taken during the surgery, during delivery of the child etc.
Liability of defendant
Liability of defendant can be of two types: