International Journal of Law
International Journal of Law
International Journal of Law
Vol. 5, Issue 6 (2019)

Medical negligence and law in global perspectives


Dr. Surendra C Sapale

“Ignorance of the law is no excuse”. The rule is Applied everywhere. A doctor in particular should have the knowledge of law which belongs to the medical profession. In case of professional liability, the medical profession is differs from other occupations for the reason that the success in treatment or failure depends upon factors beyond the control of doctor. No doctor is allowed to take undue advantage of this fact and allowed to act negligently which can result in damage to the health of patient. Number of litigations in medical profession is increasing day by day. Super specialist doctors are also vulnerable and sued under civil and criminal litigation. This creating complex in the mind of doctor to be over precautious in the course of treatment, ultimately affecting entire medical profession and legal system in different ways. Hence, for the purpose of preventing medical negligence cases we will discuss various aspects of medical negligence one by one in this series of articles, Which includes history of medical negligence, doctor patient relationship, duties of doctor towards patient, duties of patient towards doctors, areas of medical negligence, causes of medical negligence, importance of consent in medical profession, liability and its extent, approach of various countries to medical negligence cases, medical negligence and law in India, Indian constitution and medical negligence, and finally landmark judgment’s. Objectives: Objective of this research study is to understanding the legal relationship between Health care service providers and patients and Study the basic concept of doctor patient relationship, the concept of liability, importance of Consent in medical filed and approach of various countries to medical negligence cases. Methodology: Analytical Research method with support from various other methods as per need to elaboration of the concept of medical negligence. Discussion: Medical Negligence means any misconduct by a medical practitioner by not providing enough care resulting in breach of their duties which results in harm to the patient.
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How to cite this article:
Dr. Surendra C Sapale. Medical negligence and law in global perspectives. International Journal of Law, Volume 5, Issue 6, 2019, Pages 58-60
International Journal of Law International Journal of Law