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Medical Negligence Essay

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Negligence can be said as failure to take due care, as a result of which injury arises. Negligence ignores wrongful intention. Carelessness is not a ground for legal liability except in those cases in which the law has imposed the duty of carefulness. The medical profession is one such field of the society in which duty has been imposed in the strict manner A medical professional is expected to have the requisite degree of skill and knowledge. . It is not sufficient that the medical professional acted in good faith to best of his or her judgement and belief. The question in every case would be whether the medical practitioner in fact attained the degree of due care established by law. Medical negligence is a sub species of this tort (civil wrong) which falls within the larger …show more content…

This duty can either be a contractual duty or a duty arising out of law. In Parmanand Kataria vs. Union of India it is clearly stated that “every doctor at governmental hospital or elsewhwere has a professional obligation to expand his serive for protecting life of his patient. Though a doctor-patient relationship is not established, the courts have imposed a duty upon the doctor. It is clearly restricted to those situations where there is danger to the life of the patient or person in other circumstances the doctor does not owe a duty to person.
What is the duty owed?
The outcome of some cases depend upon the relationship of the doctor and his patient.The duty owed by a doctor towards his patient. A doctor does not have to prove that or have to take the patient into confidence that who comes to him will be cured foe sure. He has to only ensure that he confers a reasonable degree of care and competence. In the case of “Laxman vs Trimback ” the court has precisely stated that the doctors have to take a reasonable degree of care and to bring to his task a reasonable degree of skill and knowledge”.
Reasonable degree of

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