Medical Negligence in India – A Critical Study
Authors: Ganta Satyanarayana, Yashwant Sai G
DOI: 10.37326/ajsev8.12/2070
Page No: 138-155
Abstract
The patients while in pain approach the doctors for their treatment with a simple hope of speedy recovery. However, sometimes there are situations where the treatment do not go as planned, it may be because the result of natural course of life or due to the doctor’s fault. One thing which should be kept in mind is the fact that even they are humans and prone to making mistakes. However, any harm due to the negligent act on part of the doctor or medical staff shall attract liability. 1Any person aggrieved due to the medical negligence shall approach the abovementioned authorities/courts for compensation. Few would disagree that delinquency, like in every other profession, needs to also be dealt with sternly in the field of medicine. The reasons are not difficult to discern. The question only is of defining the contours of “delinquency” which may give rise to adverse legal consequences. This paper deals with some legal issues related to medical negligence. In this regard, law zealously safeguards the autonomy of medical professionals and fully realizes that prescribing unreasonably high standards may have a kind of chilling effect which is not desirable, however, the law also seeks to protect and safeguard the interests of a patient to expect a minimum standard of care.
