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Mohr V. Williams Case Study

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in the case of Mohr v. Williams (1905) 104 NW 12 where the fact that the defendant consented for an operation on the right ear was taken as relevant consent for operating the other ear. The judge in this case said that disease in patient’s left ear was not discovered during the “authorized course of examination” and so there was no implied consent.
Also, in cases of medical negligence, “intent” might become the deciding factor in a case. A doctor can be punished under section 304 of IPC if wrongful intent on his part is proved or may be acquitted if he is considered to have acted in good faith. A lot depends on the approach adopted by the judiciary.
So far we have concluded that approach of authorities …show more content…

It has its past. However, with increasing the number of medical negligence cases, this issue has come to light. Further when medical negligence was brought under the ambit of COPRA (Consumer Protection Act, 1956), it became an evidence of increasing number of medical negligence cases. The relationship between a doctor and his patient was often questioned and the trust between them decreased but at the same time it provided a quicker mechanism for addressing grievances in medical negligence cases.
Both civil and criminal laws related to medical negligence cases have evolved overtime. However, there is certain ambiguity that prevails. A lot is in the hands of the judiciary and the police.
Finally in this conclusive part of the paper, the hypothesis that was made has been justified. Judges are lay men in the field of medicine and law has to change with time to function properly in this dynamic society. The court has acknowledged this a lot of times. Famous cases like that of Martin D’Souza have been over ruled keeping this in mind. Thus, the hypothesis stands

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