Medical negligence: need for balanced approach.

نویسنده

N R Madhava Menon

چکیده

Court delivered on February 10, 2010 (1) attempted to circumscribe the scope of criminal liability for negligence by doctors and hospitals. The law of professional negligence, especially in the case of doctors, has been formulated in such a way as to eliminate fear and anxiety about legal consequences while making professional judgements during diagnosis and treatment. The decision reiterated the principles laid down in an earlier judgment (2) and restrained the tendency to criminally prosecute doctors for a simple lack of care or an error of judgment or an accident which, the Court declared, is not proof of negligence on the part of a medical professional. So long as a doctor follows a practice acceptable to the medical profession of that day, he or she cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused doctor followed. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of a professional proceeded against on indictment of negligence, said the Court.

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Iran and England Criminal System’s Approach to Conducts Caused by Negligence and Recklessness

Mens Rea (Mental element) merely doesn’t consist the people who decide to violate the law or knowingly their conducts may create prohibited result, rather in some cases can encompass some people who should foresee risk of their conduct. Recklessness and Negligence are the most obvious examples of fault (Shortcoming) in Iran and England criminal systems which can create criminal liability. Now...

متن کامل

Concept Analysis of Nursing Negligence

Introduction: Negligence is the most common concept in dealing with medical errors. Regarding ambiguity and lack of information on the concept, this study was conducted to analyze the concept of negligence in nursing. Methods: In this study, Walker &Avant approach was used to analyze the concept. After searching the databases, the relevant documents entered in the study. To collect data, Persia...

متن کامل

Effects of the civil procedure rules on clinical negligence claims.

The frequency with which clinicians can expect to face allegations of clinical negligence and court proceedings related to those allegations is likely to increase in coming years. The processes of investigation and defence have been modified by the introduction of the Civil Procedure Rules in 1999. This review outlines these developments and emphasises the need for speedy and comprehensive resp...

متن کامل

Alternative dispute resolution and mediation.

Doctors and patients are not natural enemies. On the contrary, there is commonly a special relationship between them, with vulnerability and trust on one side and caring and professional expertise on the other. A medical dispute can create turmoil of that relationship, particularly if it is conducted in the traditional adversarial procedure. Depending on how it develops, the patient may see the...

متن کامل