Abstract Medical negligence in today’s era has become one of the most serious issue of concern to the society worldwide. In India there has been certain rise in the number of complaints by the citizens or the persons affected either directly or indirectly through the curse of medical negligence. The law imposes the duty of care in the subject matter of medical course of action, but the actual responsibility of the duty is upon the doctors, hospitals and every member who is related with the said
1. Introduction: Radiologists recently have been advanced because of radiology expanding practices in many sensitive medical cases. Recent charges against radiologists have brought new obligations and liabilities, making them vulnerable to higher degrees of legal cases against them. Negligence legal proceedings in radiology naturally appear as a result of failure to diagnosis or poor consultation and thus failure to react medically in a timely manner. A great percentage of radiologists are liable
Medical Negligence It was rightly said by Richard Seizer “If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish.” For a patient, the doctor is like God. And, the almighty can never commit any mistake but that is what the patient thinks or believes. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake, but committing a mistake due to one’s own carelessness is defined as negligence. The Black law dictionary definition of
very difficult to define negligence;however,the concept has been accepted in jurisprudence . Negligence by doctors has to be determined by the judges who are not trained in medical science.They rely on experts’ opinion and decide on the basis of basic principles of reasonableness and prudence.This brings into a lot of subjectivity into the decision and the effort is to reduce it and have certain objective criteria .This may sound simple but is tremendeouly difficult as medical profession evolves ans
MEDICAL NEGLIGENCE RHEA DALAL BBA LLB ROLL NO- 16 “If people understood that doctors weren’t divine, perhaps the odor of malpractice might diminish.” In India doctors are treated as second life saver after God. The standard of care should be more so
It is very difficult to define negligence;however,the concept has been accepted in jurisprudence . Negligence by doctors has to be determined by the judges who are not trained in medical science.They rely on experts’ opinion and decide on the basis of basic principles of reasonableness and prudence.This brings into a lot of subjectivity into the decision and the effort is to reduce it and have certain objective criteria .This may sound simple
latest advancements in technology over the past few decades. Health care has become very important in today’s world and involve activities like prevention, diagnosis and treatment for illnesses. A health care system mainly includes three critical components that work in tandem to deliver health services. (a) Healthcare consumers are the ones in need of healthcare services. (b) Health care providers are those who provide services like physicians, nurses, laboratory technicians among other staff.
make and keep correct dental records of care provided to patients. Introduction The dental record must be accurate. Information is listed in order of importance in a standardized order making it less likely that an area might be overlooked. Components of a patient record The dental record must have each of the following: • Patient’s
theories, viz., warranty (which comes under contract theory, governed by the Uniform Commercial Code) and negligence and strict products liability (both come under tort theory, governed by the common law). As the major product liability concepts are very broad, we are taking up only the Tort Theory ahead for our study, which will include Strict Liability and Negligence legal theories. Negligence in Tort It is a legal theory in which the claims should have the proof of the following: • An ownership
competence and quality of care, the legal concern is that the nurse that the nurse should be prosecuted by the state law. The background for litigation is that nursing failure may associate with lack of exercise, professional negligence, and malpractice, thus showing the action of negligence committed in the nursing role. Further, actions of commission as well as omission results in professional license review. This may result in loss of nurse’s license or reprimand. The rationale for litigation is that the