Five Factors And Aspects Of Medical Negligence In India

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Abstract The Consumer Protection Act 1986, enabled a number of patients to file cases against doctors. Awareness among public in the area of medical negligence in India is growing at a rapid pace. Hospital managements are increasingly receiving complaints regarding the ineffective facilities, lack of professional standard, and poor diagnostic procedures . A number of legal decisions have been conducted on what constitutes of negligence. The Black Law of Dictionary defines negligence as a “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes”. Elements of Medical Negligence (a) Duty of Care (b) Breach of Duty (c) Cause in fact (d) Proximate Cause (e) Damage. These elements are the basic causes of medical negligence, to prove that a case is comprised of medical negligence all the 5 factors must be considered. As per the Principle of Standard of care laid down by the Supreme Court of India, The exception for medical negligence is that, If a doctor doesn 't charge fees for his services, he

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