INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016
Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI)
Abstract
When another person neglects to exercise due care to eliminate what a reasonable person would see as a foreseeable risk, they have committed the legal wrong known as the Tort of Negligence. The general people in India is becoming more conscious of medical negligence. Medical negligence is defined as the failure of a doctor or medical professional to provide the necessary care, so breaching their duty and harming their patients, who are their clients. Despite not being mentioned in any Indian legislation, the phrase "medical negligence" is pertinent in the context of Indian law since it describes the inappropriate actions or inactions of medical professionals who have a duty and a standard of reasonable care towards their patients. Examples of medical malpractice or carelessness include conducting unnecessary or inappropriate surgery on a patient, providing inaccurate medical advice, prescribing the incorrect drug, and leaving any foreign materials, such as a towel or bandage, on the patient. Medical negligence lawsuits in India are normally filed as civil proceedings for damages in the court of law. Criminal charges may be pursued against the healthcare practitioner in some situations if their negligence resulted in the death of a patient. Because this topic is so extensive, we will limit ourselves to studying the fundamental principles that are required for negligence to be committed. We will explore the essentials of medical negligence and the legal remedies available to the patients, as well as who bears the burden of proof and when that responsibility passes on to the other side. There are also suggestions to improve the current situation of medical negligence.
Keywords:
Negligence, Medical Negligence, Law of Torts, Burden of proof, Liabilities, Consumer Protection Act.
Cite Article:
"AN ANALYSIS OF MEDICAL NEGLIGENCE LAWS IN INDIA", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.8, Issue 5, page no.g201-g205, May-2023, Available :http://www.ijnrd.org/papers/IJNRD2305622.pdf
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ISSN:
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
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