Essay On Medical Negligence

757 Words4 Pages
Abstract In today’s world, medical negligence has become one of the most serious issue and challenging too in respect to overcome it, and to obstruct as negligence as it is a issue which can cause death of patient or complete / partial impairment of limbs, or culminates into another misery, or sometimes leaves the body only physically alive. There are instances when due to causation from doctors may leave the family’s soft corner one’s at stake. There are instances wherein most incompetent or ill/under educated doctors, on their volition, have made prey the innocent patients. The magnitude of negligence or deliberate conduct of the medical professionals has many times led to litigation. http://www.academia.edu/7576947/MEDICAL_NEGLIGENCE_IN_INDIA_A_CRITICAL_STUDY_MEDICAL_NEGLIGENCE_IN_INDIA_A_CRITICAL_STUDY…show more content…
Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law. Negligence Negligence is simply failure to exercise due care. Negligence is the breach of a legal duty to care. Thus legal duty of a person means the duty the law gives to every person to respect the legal rights of the other. Therefore the legal right of a person can be defined as the provisions provided by law to protect the interests of its citizen. We must remember then that where there is a legal right, there is a legal remedy for it. This is inferred from the maxim “ubi jus ibi remedium”. The Indian law defines 'Negligence' as "the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property. Constituents For
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