The law of medical negligence, developed mainly by way of judicial pronouncements in England, is invoked for speedy and inexpensive remedy by way of recovery of damages through the consumer courts in India, set up under the Consumer Protection Act 1986. The cardinal principle of liability, as Lord Macmillan puts it, is that the party complained of should owe to the party complaining a duty to take care, and that the party complaining should be able to prove that he has suffered damage in consequence of a breach of that duty.
Comprehensive coverage of legal principles
The book provides a detailed and in-depth analysis of the principles governing medical negligence of physician, surgeon and dentist under civil, penal and consumer laws of India, spelling out the criteria of reasonable care and standard of professional knowledge and skill, the difference between wrong and negligent diagnosis, variation of consent in elective and emergency surgery, liability for failure of sterilization operation and birth of unwanted child, duty towards minors and mentally handicapped patients, obligation for gratuitous service, criteria of patient as consumer, concept of deficiency in service, liability of private and government hospitals, and common errors of medical specialists.
Practice and procedure for compensation
The work comprehends in detail the procedure, pleading and proof for claiming compensation under general law and consumer law, with special reference to individual as well as vicarious liability, standard of proof in different fora, mode of assessment of compensation and principles of evaluation of evidence.
Up-to-date case laws and statutes
Since its past edition, the realm of law in the field of medical jurisprudence has been enriched by various decisions of the Supreme Court of India. The present edition though a reprint, has nevertheless been provided with all such developments in a supplement attached to this book. Thus the readers may have no difficulty in accessing the law as it is today. The important statutes connected mostly with medical profession, such as, transplantation of human organs, pre-natal sex diagnosis, termination of pregnancy, etc. are updated to facilitate use of the book by both legal and medical professionals.Main Features:
- Professional liability of doctors
- Standard of reasonable care for specialists and hospitals
Guidelines for claim of compensation
- Unrivalled collection of precedents
Eastern Law House's Law of Medical Negligence & Compensation by R. K. Bag
- Publisher: Eastern Law House
- Book Code: 9788171772902
- Availability: 10