Doctor’s Liability In Medical Negligence Cases
By Advocate Deepanshu Gupta / 2017-03-31
Negligence, in theory, is conduct which is not as safe as the society is entitled to expect to form an actor under the circumstances. Doctors are professionals since they possess the specialized skill. It gets imperative for a medical practitioner to maintain a certain standard of care while providing services because the risks of any mishaps can have severe repercussions on the health and even the life of the consumers availing their services.

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Medical Negligence fundamentally is the misconduct by a Medical practitioner or a therapeutic expert or specialist by not sufficiently giving care bringing about the rupture of their obligations and hurting the patients who are the consumers. An expert is regarded to be a specialist in that field no less than; a patient getting treated under any specialist definitely hopes to get recuperated and in any event anticipates that the specialist will be watchful while playing out his obligations.

Medical carelessness has resulted in numerous deaths and in addition antagonistic outcomes the patient's well being and health. Medical malpractice and negligence is a special kind of personal injury case brought against hospitals, Doctors, nurses or other medical professionals. Medical negligence arises from an act or omission by a medical practitioner, which no reasonably competent and careful practitioner would have committed.

Being professionals, doctors are obligated to maintain a standard of care. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. The important question isn’t how to keep bad physicians from harming patient; it’s how to keep good physicians from harming patients.

Those who suffer from a medical malpractice injury may be able to hold the medical care provider(s) responsible for that injury liable under the special rules that apply for this type of professional negligence. Talk to the best consumer protection lawyers in India to know more.

Liability under the Consumer Protection Act

Ever since professions have been included under the purview of consumer protection laws; medical practitioners to have felt the heat. It is on a footing different from any other kind of negligence. Under consumer protection laws, medical negligence is another form of deficiency in service. It is most akin to the liability under the law of torts. But there is stricter and broader liability in this situation as a failure to exercise skill and care as is ordinarily expected of a medical practitioner is the test under consumer protection laws.

Negligence, in theory, is conduct which is not as safe as the society is entitled to expect to form an actor under the circumstances. Doctors are professionals since they possess the specialized skill. It gets imperative for a medical practitioner to maintain a certain standard of care while providing services because the risks of any mishaps can have severe repercussions on the health and even the life of the consumers availing their services.

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Get connected to the Best Lawyers and Chartered Accountants Near You!


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