Introduction
Doctors are given very high pedestal in society. They are considered as the person next to god as they are gifted with the knowledge to save human life. But this is also obvious that doctors are also human being and mistakes take place by humans only. This research paper talks about the medical negligence, now there are two aspect of everything positive and negative.
Doctors by their virtue of knowledge save human life but this power Is not obvious, being a human a doctor sometimes commit mistake, his staff worker, nurse etc if any one of them becomes careless in their work it can effect someone life, so they are expected to obtain full care. But this is not the only scenario, problem arise when doctors deliberately participate …show more content…
The decision given by judges is based on the reasonableness and prudence. Judges also take in consideration the expert opinion. In this research paper we would look into medical negligence cases and what was the role of doctor. We will also see the aspects duty of care which should be observed by doctor as an employee and hospital as an employer.
Negligence
It is very ambiguous to define negligence, but this concept of negligence is accepted in jurisprudence also. The definition of negligence followed in the Indian law is given in the ‘law of torts’ in Ratanlal and dheerajlal which is as follows:-
“Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do”.
The three basic ingredients of negligence are as follows:-
1. Breach of duty of …show more content…
This hypothetical person is considered as an ordinary prudent man who will act in a manner that he will not affect society by his act.
Negligence by professional
The supreme court of India in Jacob Mathew’s case discussed the problems that could arise out of professional misconduct. In the law there is some profession such as doctor, engineer, lawyer, architect, etc which requires skill to do ascertained tasks. It is expected that they got a professional certificate for that degree because they possess the skill and standard of care required for that profession. And it is implied on a professional to do his task with the utmost degree of care and caution.
It is very obvious that a physician cannot give a commitment of 100% recovery to the patient or similarly a surgeon cannot give assurance for an inevitable successful operation. Because what they can do is just to put all their effort, with proper care and attention. This criterion of reasonable care and duty is practiced because it is not possible to exercise the highest level of
Doctors are given very high pedestal in society. They are considered as the person next to god as they are gifted with the knowledge to save human life. But this is also obvious that doctors are also human being and mistakes take place by humans only. This research paper talks about the medical negligence, now there are two aspect of everything positive and negative.
Doctors by their virtue of knowledge save human life but this power Is not obvious, being a human a doctor sometimes commit mistake, his staff worker, nurse etc if any one of them becomes careless in their work it can effect someone life, so they are expected to obtain full care. But this is not the only scenario, problem arise when doctors deliberately participate …show more content…
The decision given by judges is based on the reasonableness and prudence. Judges also take in consideration the expert opinion. In this research paper we would look into medical negligence cases and what was the role of doctor. We will also see the aspects duty of care which should be observed by doctor as an employee and hospital as an employer.
Negligence
It is very ambiguous to define negligence, but this concept of negligence is accepted in jurisprudence also. The definition of negligence followed in the Indian law is given in the ‘law of torts’ in Ratanlal and dheerajlal which is as follows:-
“Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do”.
The three basic ingredients of negligence are as follows:-
1. Breach of duty of …show more content…
This hypothetical person is considered as an ordinary prudent man who will act in a manner that he will not affect society by his act.
Negligence by professional
The supreme court of India in Jacob Mathew’s case discussed the problems that could arise out of professional misconduct. In the law there is some profession such as doctor, engineer, lawyer, architect, etc which requires skill to do ascertained tasks. It is expected that they got a professional certificate for that degree because they possess the skill and standard of care required for that profession. And it is implied on a professional to do his task with the utmost degree of care and caution.
It is very obvious that a physician cannot give a commitment of 100% recovery to the patient or similarly a surgeon cannot give assurance for an inevitable successful operation. Because what they can do is just to put all their effort, with proper care and attention. This criterion of reasonable care and duty is practiced because it is not possible to exercise the highest level of