MEDICAL NEGLIGENCE & CONSUMER PROTECTION IN INDIA Introduction Practice of medicine is capable of rendering great service to the society provided due care, sincerity, efficiency and skill are observed by doctors. Medical profession has its own ethical parameters and code of conduct. This profession is rendering a noble service to humanity and has sustained itself on public trust. According to voluntary Health Association of India, the present state of medical profession seems to mirror the rot, which seems to have sent into our system. Increased mechanization and commercialization of profession has brought in an element of dehumanization in medical practice. Health care has now been reduced to a business, which determines the patient-doctor …show more content…
What might be negligence in civil law might not necessarily be negligence in criminal law. ‘Criminal Negligence’ is an offence against the State while ‘Civil Negligence’ is an offence against the individual act, which leads to injury i.e. physical injury, hurt- Section 319, grievous hurt- Section 320 Indian Penal Code (IPC). Loss of property (financial loss) due to some negligent act is always a civil negligence. The decision of the Supreme Court delivered on last year raises a fresh debate on the issue of ‘Criminal Negligence by the Doctors’. In this case the Supreme Court relied on various decisions of the House of Lords. High degree of negligence is necessary to prove the charge of criminal negligence u/s 304-A IPC. For fixing criminal liability on a doctor or surgeon, the standard of negligence required to be proved should be as high as can be described as “gross negligence”. It is not merely a lack of necessary care, attention and skill. Negligence to amount a criminal offence, the court held, element of mensrea must be shown to …show more content…
Friern Hospital Management Committee also known as Bolam Case, the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals (e.g. Doctors) was laid down. Where the defendant has represented him or herself as having more than average skills and abilities: this test expects standards which must be in accordance with a responsible body of opinion, even if others differ in opinion. In other words Bolam test states that “if a doctor reaches the standard of a responsible body of medical opinion, he is not negligent”. However Bolam test was criticized for its overreliance on medical testimony and personal judgment of experts chosen by the defendant. Bolam has been subsequently modified by the Bolitho
There were specific situations that led to the cause of Julie Thao's actions of medication error and the death of Jasmine. The situation could have completely been avoided had Julie followed the code of ethics and avoided shorts to provide proper care for the patient. The state claimed that Thao's mistake was caused by actions, omissions and unapproved shortcuts, however, there were other factors that played a role in her carelessness as well. While failure to comply with procedure has been a factor in the medication administration error, other factors contributed as well. For example, failure to properly use the information system, or to ignore alerts or warnings have also resulted in preventable errors (Nelson, Evan, & Gardener, 2005).
In this essay, I will be talking about Criminal law and explain how criminal law can be seen within the healthcare field. Criminal law can be defined many of ways such as the area of law relating to violations of status that pertain to public offenses or acts committed against the public. It can also be looked at as the legislation dealing with crime and its punishment. Criminal cases can result in imprisonment, large fines, and expensive defense costs, which are not paid by medical malpractice insurance practicing medicine without a license is a breach in criminal law. In this medical field this criminal law and criminal cases law is use very rare throughout the healthcare field because doctors, nurses, and other professional do make mistake
Parents of 10-year-old child, Leela Tharunya Ruba Kamalakanna sued NSC, Healthway Medical Corporation including the 2 doctors whom was treating her, alleging negligence and seeking damages. All defendants have already denied all claims in court, regarding about the handling of the girl’s case as in procedures all were claimed properly done. The current issue is whether a timely blood test could have possibly detected her sickness, thus preventing her death. To support this case the girl’s father, Mr S Kamalakannan, confided in 3 different expert medical opinions-2 of them from Australia and the other from Singapore. The medical condition which caused her death is not very life threatening it is also known as Thrombocytopenia.
There are actually three situations wherein healthcare personnel negligence can be proven without specific conduct. These are the following: 1.That the injury to the patient will not normally happen, however, it may when there is a negligent in the part of the staff. 2. That the injury to the patient was because of an agency which the defendant is control
Previously, majority of healthcare systems were driven by other goals such as ensuring enhanced care access, containing the costs of healthcare delivery, and promoting patient convenience/customer service in a bid to improve the efficiency and quality of healthcare. However, the financial collapse had far-reaching consequences for the healthcare systems as it
Negligence is the breach of a duty caused by the 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. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property. ELEMENTS OF NEGLIGENCE CLAIMS The definition involves three constituents of negligence: (1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope
In the film Escape Fire the Fight to Rescue American Healthcare, there were many insightful examples of why our Unites States healthcare revolves around paying more and getting less. The system is designed to treat diseases rather than preventing them and promoting wellness. In our healthcare industry, there are many different contributors that provide and make up our system. These intermediaries include suppliers, manufacturers, consumers, patients, providers, policy and regulations. All these members have a key role in the functionality of the health care industry; however, each role has its positives and negatives.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
A patient is going to have a different idea of how a health care should be managed. This in contrast to the way a physician may think the administration should be managed. Furthermore, each different stakeholder involved would have their own ideal reasons to why the health care administration
Introduction Torts are crimes that a party commits wrong to another. The injured party is allowed by law to sue the perpetrator. The injured party will be the plaintiff while the perpetrator will be termed as tortfeasor. There are different kind of Torts, however the Negligence Tort, which is when a party fails to care for the other when they are obligated to by circumstance. The primary aim of this paper is to formulate a case study and discuss the Tort of negligence in the event.
The practice of health care includes many scenarios that have to do with making adequate decisions when it comes to a patient’s life, and the way they are treated. Having an ethical code in all health care organizations is very important, because it helps health care workers with reaching a suited and ethical decision when it comes to the patient. In health care, patient will always be put first, and their autonomy will always be respected. Nevertheless, when there is a situation where a patient might be in harm, or might be making their condition worse because of the decisions they made. Health care workers will always be there to
within the last date technical advance are a stronger quality of life however it's unhappy to say that there has not been a corresponding shift within the commonplace. additional and additional cases concerning negligence area unit being stuffed in India. Negligence has unendingly evolved by past thirty years in a very manner or condition that chop-chop raised the liability of practising each normal negligence actions and nonperformance actions. so as to envision the past decades has seen medical fraud and abuse law and currently it increase high risk space f each medical
In fact, the very first duties of a physician are to take care, protect, take reasonable actions of care, and be more cautious and careful while diagnosing or checking for diseases. Thus, when we talk about medical centres, we mean everything related to health care services like radiology, cardiology, and blood testing for example. These services should be carefully and responsibly provided. For our present instance, we will be more concerned with clinical negligence to the practice of radiology.
Tort of negligence is the failure to act as a reasonable person to exercise the standard of care required by the law and resulting in damage to the party to whom the duty was owed. To prove negligence, the claimant must show that the defendant causing the damage was not only the actual cause of damage. He also show that the proximate cause of the damage. Proximity is the legal relationship between the parties from which the law will attribute a duty of care. And to prove negligence the type of the damage that occurred must have been foreseeable.
‘It has been observed that a person “is entitled to be as negligent as he pleases towards the whole world if he owes no duty to them” . Before the twentieth century, there was no duty of care towards people to ensure that they were not injured by one’s carelessness or neglect, unless the object was usually considered dangerous. Only in certain relationships did a Duty of Care exist, for example a Doctor-Patient relationship. A change in the Duty of Care came about in the case of MacPherson v Buick 217 N.Y. 382, 111 N.E. 1050 (1916). In this case, Cardozo J proposed a new approach, ‘If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.