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CHANAKYA NATIONAL LAW UNIVERSITY
Subject: Health Law
Topic: Medical Negligence and Tortuous Liability
SUBMITTED TO: Mr. Kumar Gaurav
SUBMITTED BY:Sanni KumarRoll No.- 454Xth Sem.
B.A.LL.B(hons.)
CONTENT
1. Introduction2. Meaning of Medical Negligence3. History of
Medical Negligence4. Medical Negligence and its elements5.
Negligence as tort6. Grievance redresser mechanism under Torts7.
ConclusionBibliography
RESEARCH METHODOLOGY
Research Methodology is a systematized investigation to gain new
knowledge about the phenomena or problems. Legal phenomena require
their own research methodology. The methodology used for the
research is descriptive doctrinal method. The researcher has made
use of analytical methods throughout the course of this paper. The
source of data has been confined to secondary sources. Researcher
has relied significantly on books, journals, commentaries related
to medical negligence and information available on the internet.
Keeping the objectives in mind, material was collected with the
help of different books and then it was compiled to make the
theoretical part of the project.
ABSTRACT
The service which medical professionals render to us is the
noblest. Aryans embodied the rule that,Vidyo narayano
harihi.[footnoteRef:1]Medical profession is considered as a most
pious profession all over the world. A doctor is placed only second
to Almighty God. He enjoys a position of an Angel. Patient feels a
divine image in him. The medical profession is one of the noblest
professions in the world. However, corporatisation and
commercialization of medical profession has made it like any other
business and the medical profession is increasingly being guided by
the profit motive rather than that of service. Such a situation
gave rise to unethical practices and negligence. Therefore, if
there is a rashness or negligence on the part of the doctor while
treating a patient he is being made liable under the tortuous
liability on ground of Negligence. [1: Which means doctors are
equivalent to Lord Vishnu]
Medical negligence is considered to be part of negligence.
Before discussing medical negligence it would be in order to
understand the concept of negligence. A shorter definition is that
negligence as a tort is the breach of legal duty to take care which
results in damage, undesired by the defendant to the plaintiff.The
paper is prepared for certain objectives, those are:
What is the meaning and concept of Medical Negligence? What are
the causes of Medical Negligence and its essential elements? How
medical negligence covered under the Consumer Protection Act, 1986?
Important case laws related to medical negligence?
