Pros And Cons Of Medical Law

Errors :

• Errors of commission - When the wrong medical action is taken or the right medical action is taken yet performed improperly. For example, during the surgery to remove a gallbladder, the intestine is nicked, leading to a future infection causing death.

• Error of omission - Obvious action was necessary to heal the patient, yet it was not performed at all. Errors of omission are difficult to detect, and at times can be the result of a patient not following given guidelines after discharge. Another example may be a necessary medication that was not prescribed.

• Error of communication - Miscommunication from physician to physician, or between patient and physician. For example, a cardiologist not informing a patient who experienced

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 principle of res ipsa loquitur comes into operation only when there is proof that the occurrence was unexpected, that the accident could not have happened without negligence and lapses on the part of the doctor, and that the circumstances conclusively show that the doctor and not any other person was

Batra Hospital and Medical Research case held that the law of negligence has to be applied according to facts and circumstances of individual case. No one can ignore that medicine is an evolving science, and there is no precise outcome of effect for every person. The operations involve certain calculated risk which cannot be denied because of complication in the operation if some risk is done, the doctors cannot be held liable for negligence as the patient himself has consented to the risk involved in the operation.

In another case of Jacob Mathew .V. State of Punjab, the Supreme court held that in some cases of medical profession the doctors are equipped in certain situation where they have to make choices between a devil and the deep sea. Sometimes in certain situation there must be greater risk in the operation but higher chances of success and in another move there would be lesser risk but higher chances of failure. So the decision, that which course would be follow will depend on facts and circumstances of