A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence. Keywords: Cconsumer protection act, negligence, reasonable care Go to: INTRODUCTION Lately, Indian society is experiencing a growing awareness regarding patient 's rights. This trend is clearly discernible from the recent spurt in litigation concerning medical professional or establishment liability, claiming redressal for the suffering caused due to medical negligence, vitiated consent, and breach of confidentiality arising out of the
Excessive power of autonomy changes a beneficent doctor-patient relationship to a client-consumer type relationship. I contend that this form of doctor-patient relationship will perpetuate the provision of inadvisable, harmful therapies. Without a beneficent objective, advances in technology and care provision of modern ICU would become ineffective for society. Care would be provided merely on request and provided excessively where it is unlikely to produce a meaningful benefit. I will argue that while the term “meaningful benefit” is open to discussion, it must consist of a significant component of medical judgement.
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 profession. Due to certain landmark judgements passed by the Honourable Supreme Court of India there has been a certain increase in the level of the medical reasoning and standards of care, but it yet not matches the international standards. 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.
3. Contributors to improper health care waste management Results from this section have been grouped according to the major role players who participate in the management of health care waste. 3.1. The health care waste disposal industry “Because so much is wrong with the industry, it allows unscrupulous people to exploit the shortcuts and loopholes”, (Sunday Tribune, 2010, p. 15). The Department of Environmental Affairs and Tourism director general was quoted in a news story admitting that the industry is in crisis and that what is most alarming is that they do not know what is causing the problem.
Is the Madman Powerless? A critique of Szasz and Foucault ‘The doctor’s gaze’, as Michel Foucault famously coined it in The Birth of the Clinic, ‘is not faithful to truth, nor subject to it, without asserting, at the same time, a supreme mastery: the gaze that sees is a gaze that dominates’ (Foucault, 1963: 39). This medical imagery is powerful in delineating the power relationship between a respected, knowledgeable physician and a decrepit, mentally defected patient, more so when the physician, as Szasz wrote (Szasz, 1974: 268), imposes psychiatric treatment to the madman. Conscious that Foucault’s and Szasz’s concerns are reason enough why patient advocates movements gathered strength in the 1970s in the US, this paper will interrogate whether their assertions hold. In the following, I will redefine the term of ‘madness’ and with reference to varied notions and aspects of ‘power’ present a problematique of Foucault’s and Szasz’s implications that the madman is powerless under the apparatus of modern psychiatry.
Thesis Statement: Unethical medical practices are unacceptable procedures that can be used for the benefit of mankind. Issues in unethical procedures in the medical field are common context discussed in debates. The main question among these procedures is its violation in the moral context of such activities. Such procedures do not satisfy laws, principles and theories based on the accepted norms and ideas and influenced by customs, cultures and beliefs that are generalized as good. However, results on some unethical procedures brought beneficial results on mankind such as the development of polio vaccine and discovery of human telomerase which was made possible in the extraction of Henrietta Lacks’ cells without her consent.
The person who is accused must have committed an act of omission or commission; this act must have been in breach of the person’s duty; and this must have caused harm to the injured person. The complainant must prove the allegation against the doctor by citing the best evidence available in medical science and by presenting expert opinion. In some situations the complainant can invoke the principle of res ispa loquitur or “the thing speaks for itself”. In certain circumstances no proof of negligence is required beyond the accident itself. The National Consumer Disputes Redressal Commission applied this principle in Dr Janak Kantimathi Nathan vs Murlidhar Eknath Masane.
The increasing price and cost pressure, patent expirations on blockbuster drugs leading to aggressive generic competition, public policy and changes in how consumers access medicine are leading to erosion of profit margins. Today's companies are measured on how well their stock performs. The needs of patients are secondary. This has resulted in a greater emphasis on a return on investment from R&D and reducing the amount of capital it is allocated. In turn, this has increased offshoring, the elimination of in-house teams and the flight of scientific expertise into the pharmaceutical
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
Spiritual tourism and medical tourism is flourishing in our country. People approach these facilities with a strong conviction of attaining a sense of well being irrespective of being healthy or ill. Bhagavat Gita chapter 9,verse 34) says “ manmanaa bhava madbhakto madyaajee