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Medical Negligence

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INTRODUCTION The diagnosis and treatment of diseases pertaining to human beings is a very risky profession as it is accompanied by a high degree of morbidity and mortality. Since the profession is risky therefore the professionals should be more cautious while practicing medicine. Even the mere mistakes and recklessness can cause severe injuries that to an extent which possibly can take anyone’s lives. It means if a good treatment can save the life of a person the negligent one can take the very same. In early day’s medical science used to be a kind of a miracle for a layman. The death rate has gone down by the development of the medical science. So, the expectations of the people from the specialists and the science have risen reasonably.…show more content…
The definition involves three constituents of negligence i.e a legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope of the duty, breach of the said duty, consequential damage. In the law of negligence, professionals such as such as doctors are the person professing some special skill. Any task which is required to be performed with a special skill would generally be admitted or undertaken to be performed only if the person possesses the requisite skill for performing the…show more content…
A surgeon cannot and does not guarantee that the result of surgery would invariably be beneficial, much less to the extent of 100% for the person operated on. The only assurance with such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill in that branch of profession which he is practicing and while undertaking the performance of the task entrusted to him he would be exercising his skill with reasonable competence. The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not necessary for every professional to possess the highest level of expertise in that branch which he
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