Question

Discuss the remedy available for Negligence of Medical professionals?

Answer 1

Answer:

Negligence is the breach of a legal duty to care caused by omission of doing something which a reasonable manner in an ordinary course would do or doing something which a prudent man would not do. Prima facie means carelessness in a matter in which the law mandates carefulness resulting into harm and injury to the other.  Thus, what construes the essential ingredient of negligence is legal duty, breach and inflicted harm or damage. Such negligence if caused by the medical practitioners, be it a doctor or its staff would amount to medical negligence.

“The prime object of medical professional is to render service to humanity; reward or financial gain is a subordinate consideration…”Nowadays, a lot medical negligence cases are being reported in India thereby distorting the bondage of trust between the doctor and a patient. Medical Practitioners such as doctors are expected to have skill and knowledge to render medical care with reasonableness and caution. “The doctor has discretion in choosing treatment, which he proposes to give to the patient and such discretion is relatively greater in cases of ‘emergency’.

However, no person is perfect be it a renowned specialist. A doctor can be held liable for negligence only if one can prove that she/ he is guilty of a failure that no doctor with ordinary skills would be guilty of if acting with reasonable care. An error of judgement constitutes negligence only if a reasonably competent professional with the standard skills that the defendant professes to have, and acting with ordinary care, would not have made the same error.

Answer 2

Compensatory action involving complaint against doctors, staff or hospital whether private or government hospitals who committed negligence seeking monetary compensation before Civil Court under law of Torts or Law of Contract, High Court under theconstitutional law, or Consumer Courts under Consumer Protection Act