Conclusion
On the scrutiny of leading medical negligence cases of India, certain principles should be taken into consideration while pronouncing the judgment in medical negligence cases.
Negligence should be guided upon the principle of reasonableness of common man prudence and negligence must be established in order to give the compensation in certain cases.
Medical profession requires certain degree of skill and knowledge, so the standard of care in cases of medical professional is generally high and should also be taken into account while giving the judgment.
A medical professional can be only held liable, when the standard of care is reasonably is less than the reasonable care that should be taken from a competent practitioner in that field.
When a choice has to be made between certain circumstance when there is higher risk involved and greater success is involved and lesser risk with higher chances of failure, the facts and circumstances of the individual case should be taken into the consideration.
No negligence will apply on medical professional, when he performs his duty with the utmost care that should be taken, and he had taken all the precaution.
Medical professional should not be harassed unreasonably and unwanted apprehension and fear should not be created on the medical fraternity that they can give their best in certain cases where it is required, they should be given some liberty in certain peculiar situation where they need to make their judgment without any apprehension freely. So that it can be beneficial for the society.
Read more: Important cases on medical negligence in India - iPleaders http://blog.ipleaders.in/important-cases-on-medical-negligence-in-india/#ixzz42bhQvQjY
On the scrutiny of leading medical negligence cases of India, certain principles should be taken into consideration while pronouncing the judgment in medical negligence cases.
Negligence should be guided upon the principle of reasonableness of common man prudence and negligence must be established in order to give the compensation in certain cases.
Medical profession requires certain degree of skill and knowledge, so the standard of care in cases of medical professional is generally high and should also be taken into account while giving the judgment.
A medical professional can be only held liable, when the standard of care is reasonably is less than the reasonable care that should be taken from a competent practitioner in that field.
When a choice has to be made between certain circumstance when there is higher risk involved and greater success is involved and lesser risk with higher chances of failure, the facts and circumstances of the individual case should be taken into the consideration.
No negligence will apply on medical professional, when he performs his duty with the utmost care that should be taken, and he had taken all the precaution.
Medical professional should not be harassed unreasonably and unwanted apprehension and fear should not be created on the medical fraternity that they can give their best in certain cases where it is required, they should be given some liberty in certain peculiar situation where they need to make their judgment without any apprehension freely. So that it can be beneficial for the society.
Read more: Important cases on medical negligence in India - iPleaders http://blog.ipleaders.in/important-cases-on-medical-negligence-in-india/#ixzz42bhQvQjY
No comments:
Post a Comment