Safeguards of interest of patients as consumers from Medical Negligence
Author(s):
Rishabh Mehta, Harshit Sharma
Keywords:
Health Laws
Abstract
Used to be the time when Doctors were equivalent to God but over the time such situation has apparently changed and now they are into money making. The prophecy has changed over the years. Maybe it is the greed for money which has highly risked the lives of consumers. Not only money making but there are other reasons also which makes the patient suffer like lack of knowledge in the field of medicines, surgical negligence and errors, mistake in reading diagnostic reports, over supplying of anesthesia, etc. In the law of negligence, professionals such as lawyers, doctors and architects are persons professing some special skill. Any task which is required to be performed with a special skill would generally be undertaken to be performed only if the person possesses the requisite skill for performing such task. Whenever any case of medical negligence arises, the burden of proof to prove the medical practitioner as guilt lies on the consumer as patient. Frequently patients are unconscious when the negligent act occurs or there is insufficient documentation regarding the health care practitioner’s participation during the medical procedure. When this is the case, it may be difficult to prove negligence, even with the assistance of experts. In such circumstances, some states allow patients to rely on a legal doctrine called “res ipsa loquitur” to establish liability.
Article Details
Unique Paper ID: 144562

Publication Volume & Issue: Volume 3, Issue 12

Page(s): 234 - 238
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