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Yogesh V Nayyar's Medical Negligence & Medical Evidence
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Medical Negligence and Medical Evidence | Very useful to both Consumer oriented and Doctor side Advocates | Consumer Activists | Doctors and Hospitals | Senior and Junior Advocates | Law Students | Latest
| Negligence in all terms is always negligence;
Word sorry cannot compensate for the wrong of a Medical Professional ! |
Negligence is thus the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent. The Constitution of India, 1950, vide Article 21 imposes an obligation on the state to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. Considering Medical negligence, the intention to behave in such negligent way shall be proved to make a doctor liable under criminal law. However, there are also protections given under the Indian Penal Code, 1860 for the doctor who act under good faith.
The three elements of negligence are duty of care, breach and causation. If a plaintiff successfully proves these three elements, then the final part of a negligence claim involves damages.
Negligence thus is most usefully stated as consisting of 5 elements,- (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm, each of which has been explained in the book in great detail.
Coming to the defenses, the defendant bears the onus for proving any defence. Defences can include:
obvious risk
inherent risk
voluntary assumption of risk
dangerous recreational activity
exclusion of liability
illegality
inevitable accidents
contributory negligence.
The burden of proof of negligence generally lies with the complainant. The law requires a higher standard of evidence to support an allegation of negligence against any doctor. In cases of medical negligence, the patient must establish a claim against the doctor in order to succeed.
The book covers the vital aspects of Medical negligence, inter-alia the decisions delivered by the Hon'ble Supreme Court of India, National Consumer Disputes Commissions, State Consumer Disputes Commissions, thus holding the Doctors and Hospitals equally liable and responsible for professional misconduct and non-performance of duty causing injury to the life and limb of the person; during medical care.
The book as well covers the aspects of Medical Evidence exclusively for the purpose; where the legal fraternity needs always a support of case-laws while contesting criminal cases and look for defense to come to their rescue for seeking acquittal.
This important and useful book on Medical Negligence and Medical Evidence is divided into two sections,
Section - I deals with Medical Negligence and Medical Evidence which contains the following chapters,
Chapter I - Introduction to Negligence
Chapter II - The Five Elements of Negligence
Chapter III - Medical Negligence : Legal Perspective in India
Chapter IV - Informed Consent - An International Perspective
Chapter V - Consent in Indian Medical System
Chapter VI - Medical Negligence and Bolam's Test
Chapter VII - Medical Negligence-Liability-Vicarious
Chapter VIII - Medical Negligence : Criminal, Consumer Protection and Tort
Chapter IX - Medical Negligence and Liability under the Consumer Protection Act
Chapter X - Medical Law and Medical Ethics
Chapter XI - Medical Negligence and Defences
Chapter XII - Medico legal Investigation of Medical Negligence in India
Chapter XIII - Supreme Court on Medical Negligence
Chapter XIV - Medical Negligence - Cases under Common Law and India
Chapter XV - Medical Negligence and Remedies under Law
Chapter XVI - Medical Negligence-Guidelines for Investigation
Chapter XVII - How to defend a complaint and or a judgment against a Doctor for alleged Medical Negligence?
Section - II deals with Medical Negligence and Medical Evidence which Contains the following Chapters,-
Chapter XVIII - Principles of Evidence - An Understanding
Chapter XIX - Medical Certificate and Its Value in Court
Chapter XX - Guidelines for Autopsy Practice Criminally Suspicious Cases and Homicides
Chapter XXI - Understanding Postmortem Examination
Chapter XXII - Understanding and Analysing Post Mortem Report
Chapter XXIII - Guidelines on Postmortem
Chapter XXIV - Medical Evidence
Chapter XXV - A to Z of Medical Terms
Chapter XXVI - Alphabetical Important cases of Medical Negligence
Chapter XXVII - Latest Judgments on Medical Negligence
Chapter XXVIII - Latest Judgments on Medical Evidence
Chapter XXIX - Formats for Medico-Legal Certification
Medical Negligence and Medical Evidence | Very useful to both Consumer oriented and Doctor side Advocates | Consumer Activists | Doctors and Hospitals | Senior and Junior Advocates | Law Students | Latest
| Negligence in all terms is always negligence;
Word sorry cannot compensate for the wrong of a Medical Professional ! |
Negligence is thus the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent. The Constitution of India, 1950, vide Article 21 imposes an obligation on the state to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. Considering Medical negligence, the intention to behave in such negligent way shall be proved to make a doctor liable under criminal law. However, there are also protections given under the Indian Penal Code, 1860 for the doctor who act under good faith.
The three elements of negligence are duty of care, breach and causation. If a plaintiff successfully proves these three elements, then the final part of a negligence claim involves damages.
Negligence thus is most usefully stated as consisting of 5 elements,- (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm, each of which has been explained in the book in great detail.
Coming to the defenses, the defendant bears the onus for proving any defence. Defences can include:
obvious risk
inherent risk
voluntary assumption of risk
dangerous recreational activity
exclusion of liability
illegality
inevitable accidents
contributory negligence.
The burden of proof of negligence generally lies with the complainant. The law requires a higher standard of evidence to support an allegation of negligence against any doctor. In cases of medical negligence, the patient must establish a claim against the doctor in order to succeed.
The book covers the vital aspects of Medical negligence, inter-alia the decisions delivered by the Hon'ble Supreme Court of India, National Consumer Disputes Commissions, State Consumer Disputes Commissions, thus holding the Doctors and Hospitals equally liable and responsible for professional misconduct and non-performance of duty causing injury to the life and limb of the person; during medical care.
The book as well covers the aspects of Medical Evidence exclusively for the purpose; where the legal fraternity needs always a support of case-laws while contesting criminal cases and look for defense to come to their rescue for seeking acquittal.
This important and useful book on Medical Negligence and Medical Evidence is divided into two sections,
Section - I deals with Medical Negligence and Medical Evidence which contains the following chapters,
Chapter I - Introduction to Negligence
Chapter II - The Five Elements of Negligence
Chapter III - Medical Negligence : Legal Perspective in India
Chapter IV - Informed Consent - An International Perspective
Chapter V - Consent in Indian Medical System
Chapter VI - Medical Negligence and Bolam's Test
Chapter VII - Medical Negligence-Liability-Vicarious
Chapter VIII - Medical Negligence : Criminal, Consumer Protection and Tort
Chapter IX - Medical Negligence and Liability under the Consumer Protection Act
Chapter X - Medical Law and Medical Ethics
Chapter XI - Medical Negligence and Defences
Chapter XII - Medico legal Investigation of Medical Negligence in India
Chapter XIII - Supreme Court on Medical Negligence
Chapter XIV - Medical Negligence - Cases under Common Law and India
Chapter XV - Medical Negligence and Remedies under Law
Chapter XVI - Medical Negligence-Guidelines for Investigation
Chapter XVII - How to defend a complaint and or a judgment against a Doctor for alleged Medical Negligence?
Section - II deals with Medical Negligence and Medical Evidence which Contains the following Chapters,-
Chapter XVIII - Principles of Evidence - An Understanding
Chapter XIX - Medical Certificate and Its Value in Court
Chapter XX - Guidelines for Autopsy Practice Criminally Suspicious Cases and Homicides
Chapter XXI - Understanding Postmortem Examination
Chapter XXII - Understanding and Analysing Post Mortem Report
Chapter XXIII - Guidelines on Postmortem
Chapter XXIV - Medical Evidence
Chapter XXV - A to Z of Medical Terms
Chapter XXVI - Alphabetical Important cases of Medical Negligence
Chapter XXVII - Latest Judgments on Medical Negligence
Chapter XXVIII - Latest Judgments on Medical Evidence
Chapter XXIX - Formats for Medico-Legal Certification
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