MEDICAL NEGLIGENCE AND THE NEED FOR AN INFORMED PUBLIC DOMAIN

Main Article Content

LAKSHMI CHAUHAN, PRATISHRUTI SINGH AGARWAL, CHANDRAKANT KOKATANUR, JASLEEN RIHAN, MOHIT YADAV

Abstract

Most of the time, a patient chooses a doctor or hospital based on their reputation. Patients have two main anticipations of medical individuals and organizations: first, that they'll treat them with utmost skill and knowledge, and second, that they won't hurt them through inattention, recklessness, or recklessness. Even if a doctor can't save a persons life, he still has a duty to do what's best for the person who put their trust in him by going to the doctor. Because of this, a doctor has to do the right research or ask the patient for a report. Also, he doesn't do any major therapy, surgery, or invasive study on a patient without getting their permission first, unless it's an emergency. If a physician or healthcare facility doesn't do this, they could be charged with negligence. Tort law says that a civil wrong (right in rem) is a violation of a duty that leads to a court stepping in and awarding damages. This is different from a signed contract (right in personam). So, being able to get medical care from professionals is a basic human right. Knowingly giving permission, paying a fee, and getting surgery, treatment, etc. gives the relationship the look of a contract, but important parts of tort are still there.

Article Details

Section
Public Law
Author Biography

LAKSHMI CHAUHAN, PRATISHRUTI SINGH AGARWAL, CHANDRAKANT KOKATANUR, JASLEEN RIHAN, MOHIT YADAV

Lakshmi Chauhan1, Pratishruti Singh Agarwal2, Chandrakant kokatanur3, Ms. Jasleen Rihan4, Mohit Yadav5

  1. Associate Professor Department of English, Graphic Era Hill University, Dehrudun, 248002, 
  2. Assistant Professor, Shri Ramdeobaba College of Engineering and Management, Nagpur, India, 
  3. Professor, Department of FMT, Krishna Institute of Medical sciences, Krishna Vishwa Vidhya peeth, karad (MS).
  4. Assistant Professor, Shri Ramdeobaba College of Engineering and Management, Nagpur, India, 
  5. Associate Professor, O.P.Jindal global university, Haryana, India

References

The Indian Penal Code, 1860. Bare Act. Allahabad; Law Publishers India Pvt. Ltd: 1998.

Mathiharan K, Patnaik AK. Medical Negligence and Consumer Protection Act. In: Modi’s Medical Jurisprudence and Toxicology. 23rd edition. New Delhi; Butterworths: 2005. P. 149-200

Mudur G. Indian Supreme Court ruling makes arrest ofdoctors harder. BMJ. 2005 Aug 20;331(7514):422

Fitzgerald PJ. Salmond on Jurisprudence. 14th Ed. London; Sweet & Maxwell: 1966.

Denning Lord MR. The Discipline of Law. New Delhi; Aditya Books Private Limited: 1993.

Gupta RL. Consent to treatment. In: The Medico legal Aspects of Surgery. 1st Ed. New Delhi; Jaypee Brothers: 1999. P. 16-30

Tiwari, D.S., 2013. Medical Negligence in India: A Critical Study. SSRN Electronic Journal. Available at: http://dx.doi.org/10.2139/ssrn.2354282.

Dr.Lakshmi T and Rajeshkumar S “In Vitro Evaluation of Anticariogenic Activity of Acacia Catechu against Selected Microbes”, International Research Journal of Multidisciplinary Science & Technology, Volume No. 3 , Issue No. 3, P.No 20-25, March 2018.

Trishala A , Lakshmi T and Rajeshkumar S,“ Physicochemical profile of Acacia catechu bark extract –An In vitro study”, International Research Journal of Multidisciplinary Science & Technology, Volume No. 3 , Issue No. 4, P.No 26-30, April 2018.

Sarda, M., 2016. Consumer Protection Law and Medical Negligence Vis-a-Vis Award of Compensation: A Study of Various Related Issues. SSRN Electronic Journal. Available at: http://dx.doi.org/10.2139 /ssrn. 2758050.

Singh, S.P., Law of tort: Including Compensation Under the Consumer Protection Act, Universal Law Publishing.

Srivastava, L., Law & Medicine, Universal Law Publishing.

Stauch, M., 2008. The Law of Medical Negligence in England and Germany: A Comparative Analysis, Bloomsbury Publishing.

Tan, S.Y., 2006. Medical Malpractice: Understanding the Law, Managing the Risk, World Scientific Publishing Company.

Thakur, S. & Jaswal, V.S., 2013. Medical Negligence in India.

Biswas, T.K., 2012. Fallibility of God! Revisiting the criminal liability of the medical professionals for negligence in India. Medicine and law, 31(3), pp.405–417.

Decker, A.E., 2002. Medical Legal Principles: Medical Negligence. In Anesthesiology Review. pp. 562–563.

Franchuk, V.V. et al., 2018. [Analysis of final judgements in cases of medical negligence occurred in Ukraine]. Wiadomosci lekarskie , 71(3 pt 2), pp.757–760.

Hossaini, M.R.I., 2017. Medical negligence in Bangladesh: criminal, civil and constitutional remedies. Coastal management: an international journal of marine environment, resources, law, and society, 59(6), pp.1109–1115.

Koley, T.K., 2010. Medical Negligence and the Law in India: Duties, Responsibilities, Rights, Oxford University Press, USA.