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Medical Negligence In Nursing

1499 Words6 Pages

TABLE OF CONTENTS
Introduction 2
Need of an Umbrella 3

INTRODUCTION
Negligence is simply the failure to exercise reasonable care while performing one’s duty and so is medical negligence. A medical practitioner owes a duty of care towards his patients & in case there is a direct & proximate damage caused by a breach of the duty, the practitioner should be taken into consideration for their accountability for such lack of care in performing his duty. Furthermore, medical negligence is the failure by a medical practitioner to exercise his skills with reasonable competence. In addition, liability is on the practitioner who himself claims to possess the skill which is required to perform the task undertaken. The practitioner is expected to perform …show more content…

‘Professional conduct’ is an ethical benchmark or a standard for professional etiquettes and however, violation of regulations, sex determination tests, issuing certificates of efficiency in modern medicine to unqualified or non-medical person are some of the acts by a practitioner that shall constitute professional misconduct making him liable for a disciplinary action by the Council. Meaning thereby, the conducts are predefined and limited. Further, the council, at maximum, shall cancel the membership of the practitioner, but it cannot award compensation to an aggrieved patient. Moreover, the councils are available at only state headquarters making it less accessible to a majority of the …show more content…

Every practitioner has a legal duty towards his patients and breach of the duty gives a patient the right to initiate proceedings against the practitioner. Whereas, the practitioner cannot be held liable for an error of judgment. A mere error of judgment occurs when a doctor makes a decision that turns out to be wrong. Therefore, medical negligence cannot be judged on the methods used by the practitioner for treating a patient, rather it can be judged on the failure to take precautions. However, proceedings in a civil court is a slow process, it may take 10 years to clear the cases. On the other hand, the proceeding include huge cost. The parties are required to pay court fees, travelling charges, appeal and revision fees, and other incidental expenses and due to complex procedures and regulations the parties are required to hire a lawyer and his charges increases the total expense during the

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