Negligence In Nursing Law

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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…
V.P. Shantha and Ors, which was given by the Supreme Court of India in 1995, a patient had only three remedies for the medical malpractice or medical negligence. The remedies included the civil court, the criminal court and the medical council. Nevertheless, the unwieldy procedure by these avenues had delayed, if not denied, the justice to the aggrieved patient. The delayed justice coupled with the commercialisation of the medical services prompted the new concept of treating a patient as a consumer. The case deals with the applicability of the Consumer Protection Act, 1986 (COPRA) to the liability of a medical practitioner, for a deficiency in his services rendered to his patients. It also addressed paramedical services under the purview of the Act and brought a patient under the domain of the definition of a consumer, thereby other sectors, involved in the healthcare such as pharmaceutical industries, medical equipment manufacturer also came under the provisions of the COPRA. The conceivable purpose of the interpretation of the Act can be an expeditious disposal of complaints and provide quick justice to the patients. Thus, providing an effective remedy to patients as consumers of medical…show more content…
COPRA entertains every complaint regarding the negligence of a medical practitioner and it is not limited to moral standards or professional misconduct. Secondly, under COPRA there is no court fee and the complaint can be filed in a specific format as a letter. The complaint can be entertained in any of the three redressal agencies created under COPRA viz District Forum, State Commission and National Commission. District Forum entertains complaint of goods and services whose value does not exceed 20 Lakhs rupees and State Commission takes up cases valuing less than 1 Crore rupees, whereas National Commission can has no financial ceiling. Consumer courts prompts the expeditious disposal of a complaint. Moreover, consumer courts are to write verdict in 15 days of a hearing, said by Justice Ashok Bhan, President of National Consumer Disputes Redressal Commission in an interview conducted by a business magazine, ‘Business Today’. He also mentioned that ever since the commission came into existence in 1988, number of pending cases has been reduced by around

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