Medical Negligence: Causes And Consequences Of Medical Negligence

Superior Essays
ABSTRACT
Medical negligence is a combination of two words. The second word solely describes the meaning, though the meaning of negligence has not been described in a proper way but it is an act recklessly done by a person resulting in foreseeable damages to the other. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which are their consumers. A professional is deemed to be an expert in that field at least; a patient getting treated under any doctor surely expects to get healed and at least expects the doctor to be careful while performing his duties. Medical negligence has caused many deaths as well as adverse results to the patient’s health. This article focuses on explaining negligence under various laws, professional negligence, medical negligence and landmark as well as recent cases in India. This provides information on liability that can be incurred by the victim of the medical malpractice. It aims at providing information about the topic to create as much awareness as possible.
Key Words: Negligence, Professional misconduct, duty of
…show more content…
Since no man is perfect in this world, it is evident that a person who is skilled and has knowledge over a particular subject can also commit mistakes during his practice. Too err is human but to replicate the same mistake due to one’s carelessness is negligence. The fundamental reason behind medical error or medical negligence is the carelessness of the said doctors or medical professionals it can be observed in various cases where reasonable care is not taken during the diagnosis, during operations, sometimes while injecting anaesthesia

Related Documents

  • Improved Essays

    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.…

    • 809 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    A breach is established where the D has failed in their duty to care for another, therefore, causing the C’s harm. Shakir may be liable for medical malpractice if his breach of a statutory duty to diagnose properly caused BD. To determine whether he has breached his duty as a doctor, the court will ask several questions that must collectively, not singularly, satisfy the court. In medical malpractice cases, a breach occurs when the D fails to take reasonable care that a medical professional in the same position would. The actions and omissions of Shakir will be judged against those of other doctors in the community.…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The plaintiff suffers an injury on account of his breach. In cases of medical negligence, it is the doctor who is regarded as the defendant. Medicinal Negligence is itself a hypothesis of liability that inflicts claims of medical malpractice, making this sort of prosecution an elite part of the Tort in addition to Criminal Law and Consumer Protection Act. Civil Liability and Medical Negligence Negligence is associated with carelessness in a matter in which law seeks to mandate carefulness. A breach of a duty by a medical practitioner gives a patient the right to initiate action against him under medical negligence.…

    • 1038 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    According to Subrata Chattopadhyay ‘’ There are a number of good reasons why doctors biological and morality must take care of corruption, and discuss the problems that corruption creates and perpetuates in the field of health care and medicine, and explore possible remedial measures to address this risk, and take a stand against immoral practices and corruption in the health sector. The first is, to put it simply, corruption kills’’. (Chattopadhyay, vol.10, 2013). This source shows that the medical corruption has effect on patient health it may lead to kill…

    • 997 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Malpractice Case Study

    • 1006 Words
    • 4 Pages

    If the colleague is accused of violating the Code of Ethics, the AMA will document and report to the colleague’s state licensing department. Dr. Edwards, now as the treating physician, is obligated be honest with his patient and expose the colleague for his or her unethical behavior. A warning or suspension could be handed down from the AMA as punishment. Legal terminology in healthcare is tricky because until you know all the facts it is difficult to determine what is negligence and what might be malpractice. Because the colleague neglected to order follow-up tests to properly diagnosis the patient, he or she could be facing medical malpractice.…

    • 1006 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Pain and suffering can be reduced with several medical interventions and physicians have varied options to try in treating their patients. Above all, the practice is morally wrong because it is a sign of defeat in accepting that there is no other solution. In addition, legalization of the practice will create the urge in many terminally ill patients to opt for ending their lives, thus establishing a wrong social…

    • 1822 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Medical Negligence Theory

    • 1012 Words
    • 5 Pages

    The theory is influential in law especially in context of my topic that touches on medical negligence and is related to tort law. In my last research question, it states, is the current complaint and disciplinary proceedings system for medical malpractice efficient and upholding the constitutional right to health. This theory explains on first order duties that prohibit inflicting an injury (either negligently or full stop). In addition, it brings in second order duties that are duties of repair in tort. These duties do come up when the first order duties are breached.…

    • 1012 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Another strategy is to make it mandatory in every state to report events that results in death and serious harm. In addition, put in place voluntary reporting systems to supplement the mandatory reporting system (err). A voluntary reporting systems will target a set or errors that do no or minimal harm and help detect weaknesses that can lead to serious harm. Laws should be put in place to protect the confidentiality of parties involved and the information obtained. Physicians and health care organizations worry over lawsuits but by protecting their confidentiality this lifts their fear and make them feel free to report medical errors.…

    • 785 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    When this happens negligence can occur whether it is intentional or not. A nurse that has seven patients with similar names might mistakenly give the wrong medication to the wrong patient. This is a very deadly mistake that was not necessarily done on purpose, but was the result of being very busy and not paying attention. On the other…

    • 763 Words
    • 4 Pages
    Decent Essays
  • Improved Essays

    By not being careful during the operation, the bladder was also damaged. The patient hence suffered a double lose. In conclusion culture has a strong influence on the six fundamental principles in medical ethics. The implications for establishing ethical codes lie in their potential value in ethical environment and attitudes shared by health workers. Whereas codes can provide a clear position for some ethical issues, they do not provide certain answers to many ethical problems encountered during every day medical practice.…

    • 827 Words
    • 4 Pages
    Improved Essays