Effects Of Medical Negligence

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CHAPTER -1 INTRODUCTION INTRODUCTION For a patient, the doctor is like God. And, the God is infallible. But that is what the patient thinks. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake. Doctors may be negligent. The support staff may be careless. Two acts of negligence may give rise to a much bigger problem. It may be due to gross negligence. Anything is possible. In such a scenario, it is critical to determine who was negligent, and under what circumstances. Man is the only animal who believes in keeping order in his world. This was one of the reasons that he invented the concept of law. Law helped every man who suffered from an injury due to the acts committed by others, to seek remedy by means…show more content…
And during the fourth and third century B.C., the Kautilya's Arathashastra was the much needed code. And to supplement the code of law, Penal Codes were framed, medical practice was codified and the knowledge of physicians was used to decide cases of death by poisoning and unnatural deaths. As opinions of physicians were integrated with judicial decisions, medical practice required permission from the king and medical negligence was made punishable. To ascertain foul play, unnatural deaths were subjected to be proved by the physicians. Ancient India produced the father of surgery, the great Shusruta. The Shusruta Samhita was composed sometime between the second and the third century. In the said Samhita treatment of various types of poisoning has been dealt with in details. Methods of treatment for injuries, pregnancy and delivery elaborated therein are accepted with praise. However, during the foreign occupation of India, a stagnation in medico-legal systems is observed. The Mughals brought with them their own system of medical care viz. Hakimi or Unani medicine. But its adaptability was limited. The last Indian occupation was that of the British. The British rule introduced the modern Allophathic medicine and established hospitals in big towns. This facilitated the practical training of medical professionals. Allopathic medicines were…show more content…
So it is not that the legal duty can only be contractual and not otherwise. Failure on the part of such a person to do something which was incumbent so, that which would be just and reasonable tantamount to negligence. Every time a patient visits a doctor for his ailments he does not enter into any written contract but there is a contract by implication and any lack of proper care can make the erring doctor liable for breach of professional
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