JUDICIAL APPROACH TOWARDS THE MEDICO NEGLIGENCE CASES
Author(s):
Aakash Y. Raj
Keywords:
damages and direct effect , medical negligence, medical profession, , standard of care
Abstract
The medical profession is one of the oldest professions of the world and is the most humanitarian one. There is no better service than to serve the suffering, wounded, and the sick. Vedas embodied the rule that, Vidyonarayanoharihi (which means doctors are equivalent to Lord Vishnu). For a long, the medical profession is highly respected, but today a decline in the standard of the medical profession can be attributed to the increasing number of litigations against doctors for being negligent narrowing down to "medical negligence”. The Hon'ble Supreme Court in the case of Dr. LaxmanBalakrishna v. Dr. Triambak, has held that" all medical negligence cases are scrutinized on various questions of fact involved when we say the burden of proving negligence lies on the Complainant, it means he has the task of convincing the court that his version of the facts is the correct one". In the case of Indian Medical Association v. Santha, the Apex Court has decided that the skill of a medical practitioner differs from doctor to doctor and it is incumbent upon the complainant to prove that a doctor was negligent in the line of treatment that resulted in the loss of life of the patient. Therefore, a judge can find a doctor guilty only when it is proven that he has fallen short of the standard of reasonable medical care.
Article Details
Unique Paper ID: 152998

Publication Volume & Issue: Volume 8, Issue 5

Page(s): 220 - 226
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