MEDICAL NEGLIGENCE

—MEDICAL  NEGLIGENCE:-

—Introduction:

—The word negligence is a noun meaning  (Not to give proper care or carelessness) Therefore, the medical negligence means medical treatment  without proper care. Medical negligence of the medical practitioner in a hospital setting to the whole unit. The subject can be divided into 1. Law and 2. Proper treatment/ negligence.

—Law begins with the presumption:-

—That neither a doctor can be forced to start the treatment nor a patient can be forced to submit to treatment.

—When both agree , ( i.e. Patient consent to get treatment and medical practitioner promises to provide cure), they enter into an ‘’ implied contract ‘having their share of responsibilities.

—The treatment ( contract ) must proceed without interrupter till:-

—Mutual agreement of breach contract i.e. the physician refers patient to an other physician and the patient accepts this advice.

—Discharge of patient being  fully cured.

—Discharge of physician by the patient i.e. the patient withdraws being not satisfied. ( He can decide unilaterally to go to some other  medical practitioner).

—The death of either party.

—Civil negligence or malpraxis:

—It is defined as failure of reasonable degree of skill and care on the part of medical practitioner for the treatment of his patient. The case is brought for decision under civil law in civil courts.

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—Criminal negligence:

—To a situation which can be described as reckless and wicked showing complete disregard for the safety of  the patient ‘s life and the death of the patient follows. The state seeks punishment of the wrong-doer and the responsible medical Practitioner may be charged with man-slaughter. Charge being framed under criminal law is dealt with in criminal courts.

—Civil negligence or malpraxis:

—It is defined as failure of reasonable degree of skill and care on the part of medical practitioner for the treatment of his patient. The case is brought for decision under civil law in civil courts.

—Criminal negligence:

—To a situation which can be described as reckless and wicked showing complete disregard for the safety of  the patient ‘s life and the death of the patient follows. The state seeks punishment of the wrong-doer and the responsible medical Practitioner may be charged with man-slaughter. Charge being framed under criminal law is dealt with in criminal courts.

—Contributory Negligence:

—Proper result of the treatment depend upon the exercise of duties by the both medical practitioner and the patient. In case patient becomes negligent and does not carry out the instruction, the situation may lead to damage to patient. Patient has contributed to the results and therefore , Such cases are dealt with under the category of contributory negligence.

—Negligence of the 3rd party  :

—The negligence of the Para- medical staff working in a clinic or hospital. The medical practitioner and his aid are equally responsible in law.

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