Criminal Liability Case Study

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LIABILITY

The liability of the person committing the wrong can be of three types depending on the harm or the injury suffered by the injured person they are

1. Civil Liability- civil liability usually involves the awarding of damages suffered in the form of compensation. If there is any breach of duty of care while operating or while the patient is under the supervision of the hospital or the medical professional they are held to be vicariously liable for such wrong committed. And are liable to pay damages in the form of compensation. At times the senior doctors are even held vicariously liable for the wrongs committed by the junior doctors. If someone is an employee of a hospital, the hospital is responsible (liable) if that employee hurts …show more content…

Criminal Liability- there may be an occasion when the patient has died after the treatment and criminal case is filed under Section 304A of the Indian Penal Code for allegedly causing death by rash or negligent act. According to S. 304A of the IPC, whoever causes the death of any person by a rash or negligent act not amounting to culpable homicide shall be punished by imprisonment for up to two years, or by fine, or both . Hospitals can be charged with negligence for transmission of infection including HIV etc. if any patient develops such infection during the course of treatment in the hospital and it is proved that the same has occurred on account of lapse on part of the hospital then the hospital can be held liable for lack of reasonable duty to care. My very own grandmother passed away due to the negligence of the doctors. Due to the carelessness of the doctor that he was in so hurry to rush for his next operation that he forgot to sterilize the equipments and as a result there was this transmission of some infection into her blood which infected her entire system and ultimately resulted in her …show more content…

It is expected that medical practitioners should abide by these code of medical ethics; it is an obligation on the part of medical practitioner to fulfill certain rights and expectations of the patients. But there is fast spreading professional misconduct amongst the medical practitioners. The unethical practice has gone to a level where the basic purpose of medical profession i.e. service to humanity fails such type of unethical practice has led to deterioration of this profession, which was once considered as a noble profession. Commercialization is the new boom in the society, honest professions are also part of this commercialization be it teaching, medical, law etc. No professional cares about of ethics or etiquette, the main objective of every professional is to derive maximum profit on the cost of the

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