An Anecdote of Remedies for Medical Negligence

  • Abhishek Bhardwaj
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  • Abhishek Bhardwaj

    Student at Amity Law School, Noida, India.

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Abstract

Medical Practitioners in India are treated as second life savers after God. The standard of care from doctors and hospital authority thus is expected to be more in juxtaposition with other cases of negligence. So proper care must be taken by the authorities and the doctor’s side to avoid medical negligence. Medical Negligence has been a hot topic of debate especially in recent years. Due to the increasing cognizance of the rights of a patient in modern society, doctors have become more susceptible to being sued by a litigation suit of any kind, civil or criminal. The doctor-patient correspondence rests up on trust and faith. With the life expectancy being amplified by technological revolution and advancement in the medical science, no ailment seems to be inoperable. Nevertheless, apprehensions are their professional competence, acquiescence to therapeutic and laboratory paradigms of MCI on apparatus and facilities, Wrong prescriptions, overdoses and unqualified medical practitioners, improperly equipped and instantized hospitals nevertheless continue to raise distresses amongst the patients and relatives. Given all the justified reasons, often it becomes very difficult to support a claim for all the monetary and non-monetary damages. This article lays out the various aspects of negligence, and the concept of duty of care, degree of care, and standard of care, as considered by the law, and the multicategories of remedies accessible for the aggrieved party.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4549 - 4556

DOI: https://doij.org/10.10000/IJLMH.111036

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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