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Negligence is simply the failure to exercise due care. It occurs when a doctor fails to perform to the standards of his or her profession. Medical Negligence in tort is the negligence committed by medical healthcare professional. Medical negligence (or medical malpractice) is a specific type of negligence that applies to the conduct of healthcare professionals.
Essentials of Medical Negligence in Tort:
Establishment of doctor-patient relationship.
A legal duty of care by doctor towards the patient
Breach of Legal duty
Causation & Damages
Case Laws:
Bolam V. Friern Hospital Committee
Jacob Mathew V. State of Punjab Case Law | Medical Negligence
Achutra oHaribhauKhodwa and other v. State of Maharastra: A towel was left in the women cavity, it was a clear case of medical negligence.
VP Shanta and others vs IMA: Medical negligence was treated as service and was included in Consumer Protection Act.
Archana Sharma Suicide Case: In this case, a doctor Archana Sharma was tortured in a medical negligence case and due to which her carrier was ruined and owing to this reason she suicide. This case give the other picture or side of medical negligence wherein the doctors are also getting tortured due to false medical negligence cases.