Author: MEDICOLEGAL CASES IN INDIA

Publisher: H G Srivara

Published: 2024-01-29

Total Pages: 472

ISBN-13:

In any Medico Legal case the two crucial issues are “medical negligence” and “deficiency of services”. Medical Negligence apart from its simple meaning of commissions and omissions, includes treatments done beyond one’s skill and competence, unacceptable deviations, lack of required minimum standards of care & attention etc. The elements of classic definition of Medical Negligence extracted from a landmark British judgement of Blyth Vs. Birmingham Waterworks Co. are “The omission to do something which a reasonable man would do or doing something which a prudent and reasonable man would not do. Neglect of the use of ordinary care or skill in treatment by which the patient has suffered for which the Doctor is liable both ethically and legally”. Courts have listed different types of negligence. Active negligence, collateral negligence, comparative negligence, gross negligence, hazardous negligence, active & passive negligence, willful or reckless negligence, negligence per se etc. Deficiency of service is mainly any fault or shortcoming in the quality, nature and manner of treatment which is required. Medico Legal cases are medical cases landing up for judicial scrutiny to consider the apprehended suffering of the patient due to medical negligence or service deficiency and possible compensation or justice for the perceived harm. It is mostly civil disputes in nature but in extremely rare cases particularly when the criminal intent or blatant recklessness is possible to be proved may go as criminal also. Civil cases like those before the consumer commissions determine only the compensation whereas the criminal action includes penal actions like fine, arrest or imprisonment as envisaged in criminal laws. In the event of facing such cases it is essential for Doctors to engage a competent Advocate. Since the criminal cases insist on men’s rea i.e. intent to harm or gross negligence or blatant recklessness, it is extremely rare to get into a criminal negligence case. Dealing the cases before either civil or criminal court requires a sound understanding of the prevailing related laws augmented with ruling judicial interpretations particularly by the Supreme Court. Whereas the connected literature is huge and both medical and legal fields are continuously evolving, changing and growing, a solid grasp of at least the basics helps the health professionals in dealing with any contingencies to stave off a potential situation which may lead to a Medico Legal case. Further, unless you keep pace, you get stagnated with the outdated information. Hence a humble attempt is made here to present such information in a concise form. This book deals with clarity all the concepts and issues relating to medicolegal cases along with providing all the landmark judgements of The Supreme Court of India in abridged form. This work is intended to be a ready reference to practising Advocates, Academicians and Doctors.