MEDICAL NEGLIGENCE IN INDIA A CRITICAL STUDY
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Keywords:
Civil Wrong, Negligence, Hippocratic Oath, Professional MisconductAbstract
Negligence is a civil wrong but sometimes also a wrong under criminal and consumer law. Medical Negligence is the negligence by medical practitioner or doctor by breaching their duties. Any patient expects to get healed and at least expects the doctor to be careful while performing their duties but the medical negligence has caused many deaths and adverse results to the patients’ health. There are certain essential constituents of negligence provided by Supreme Court in leading cases some of which includes the legal duty to exercise due care, Breach of that duty & Consequential damages. Medical negligence is a professional negligence and when medical professionals do not obey their duty, they are said to breach their Hippocratic Oath which they ought to follow during their professional life. Although the medical professional is not liable to be held negligent simply because things went wrong from mischance in choosing one reasonable course of treatment in preference to another. He would be liable only where his conduct falls below that of the standards of a medical practitioner.
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