Negligence In Medical Case Study
Defense of Medical Profession
In defense of the medical profession the Supreme court of India stated that the law of negligence is to be applied on cases based on facts and circumstances of the individual cases. It can 't be ignored that medicine is science and science undergoes evolution, The outcome effect of prescription drugs varies from patient to patient. Certain operations involve a calculated risk which cannot be denied because of complications that occur during the operation, Hence the doctors cannot be held liable for negligence because the patient himself undertakes a self signed consent to the risk that is involved in the operation.
As for certain cases the Supreme court of India stated that the doctors are eligible to take greater risks involved in the operation as there is a higher chance of success and if neglected there are higher chances of failure. So the doctors have to take risks as per the circumstances.
Liability of
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(electro-convulsive therapy). He was not given any relaxant drug, however, nurses were present on either side of the couch to prevent him from falling off. When he consented for the treatment, the hospital did not warm him of the risks, particularly that he would be given the treatment without relaxant drugs. He sustained fractures during the treatment and sued the hospital and claimed damages for negligence. Experts opined that there were two practices accepted by them: treatment with relaxant drugs and treatment without relaxant drugs. Regarding the warning also, there were two practices prevalent: to give the warning to the patients and also to give the warning only when the patients ask about the risks. The court concluded that the doctors and the hospital were not …show more content…
1. Negligence should be looked upon the principle of reasonableness of the common man and negligence is be established in order to give compensation on certain cases.
2. Medical profession must require a certain degree of skill and knowledge for practising medicine, and the standard of care must be high and should be taken to account while giving a judgment.
3. A medical professional is only held liable, when the standard of care is reasonably less and the practitioner is not competent
4. When a choice is to be made between certain circumstances when there is a higher risk and greater success involved and lesser risk with higher chances of failure, then the case should be taken into consideration.
5. No case of negligence can be forced on a practitioner if he performs his duty for free and with all the necessary care and precautions.
6. Unreasonable harassment of medical practitioners should not be created as they try to give their best under hard circumstances, so that it can be
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