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Research Paper | Law | India | Volume 13 Issue 6, June 2024 | Popularity: 4.9 / 10

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Medical Negligence across Continents: Comparing Laws and Policies In UK, USA and India

Apoorv Saini

Abstract: The service of the doctors is covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. The relationship takes the shape of a contract retaining the essential elements of tort. Medical negligence occurs when a healthcare professional selects the wrong method or procedure or improperly executes an appropriate method to treat or diagnose the patient. Doctors in India may be held liable for their services individually or vicariously unless they come within the exceptions specified in our laws. In some situations, the complainant can invoke the principle of res Ipsa loquitur or ?the thing speaks for itself?. In certain circumstances no proof of negligence is required beyond the accident itself. Thus, a doctor cannot be held criminally responsible for a patient?s death unless it is shown that she/ he was negligent or incompetent, with such disregard for the life and safety of his patient that it amounted to a crime against the State. Medical negligence is a complicated legal situation. If you find yourself involved in negligence proceedings, you will need to understand the principles of negligence.

Keywords: Medical, negligence, life, safety, laws, patients, health, doctors, malpractice, cardio, anesthesia, brain, damage

Edition: Volume 13 Issue 6, June 2024

Pages: 903 - 905

DOI: https://www.doi.org/10.21275/SR24611154200

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