What is Medical Negligence? What are the components and different types of medical negligence?
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- čas přidán 24. 07. 2024
- What is Medical Negligence? What are the components and different types of medical negligence?
Negligence is the breach of a legal duty to care. A breach of this duty gives a patient the right to initiate action against negligence.
Doctors in India may be held liable for their services individually or vicariously. Doctors must exercise an ordinary degree of skill. However, they cannot give a warranty of the perfection of their skill or a guarantee of cure. If the doctor has adopted the right course of treatment, if she/ he is skilled and has worked with a method and manner best suited to the patient, she/ he cannot be blamed for negligence if the patient is not totally cured.
Negligence is the breach of a legal duty to care. A breach of this duty gives a patient the right to initiate action against negligence.Doctors in India may be held liable for their services individually or vicariously. Doctors must exercise an ordinary degree of skill.
In Suresh Gupta’s case in August 2004 the standard of negligence that had to be proved to fix a doctor’s or surgeon’s criminal liability was set at “gross negligence” or “recklessness.” If the doctor has adopted the right course of treatment, if she/ he is skilled and has worked with a method and manner best suited to the patient, she/ he cannot be blamed for negligence if the patient is not totally cured.
Patrick Bolitho test has been accepted in India. Bolitho test says that "A doctor will be liable for negligence in respect of diagnosis and treatment in spite of a body of professional opinion approving his conduct where it has not been established to the court's satisfaction that such opinion relied on is reasonable or responsible. If it can be demonstrated that the professional opinion is not capable of withstanding the logical analysis, the court would be entitled to hold that the body of opinion is not reasonable or responsible”
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Excellent sir detail and comprehensive
THANK YOU DOCTOR,
one of the best lectures, if not the best, it was explained in a simple way, and excellent explanatory example were used with it, EXCEPTION OF the hypocrisy of fate ad predestination, for everything has a Cuse, and predestination is existed before the Medical Negligence. Tank you
Excellent lecture sir. Very simple, lucid and comprehensive.👏
Thank you
Very excellent video in all respects 👍👍👍
The best video I've watched on this topic so far. Thank you sir for the valuable content.
Most simplified version ever heard. 🙌🏼 Thank you Sir
Welcome. Thank you very much for your feedback
L
Very very good lecture I have come across in my life. Hats off to you sir.
Adv. Thorat T.D.
Mumbai.
.
Sir, Thank you very much for your kind feedback
Thank you Sir
Welcome
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nice to here and knowledgeble
Thanks for your feedback
Hats off to the efforts you have put to create such a great content.
Thanks for such beautiful and knowledgeable video
Thank you very much for your encouraging words
excellent sir ...u have removed all the doubts, thanks a lot.
Welcoming
All the best
Perfect
Thank you very much for your feedback
Excellent sir
Thank you
Brilliant content sir ! Most extensive video on the topic ! Regards
Thank you very much for sharing your feedback
Sir please explain about difference between medical malpractice and medical negligence
Sir, will a judge in consumer court understand medical words and error in surgery what we are trying to say (cosmetic lip reduction) in case of medical negligence
Judge may not understand medical words but we (doctors) need to understand that we need to communicate to the judge in legal language that ‘reasonable degree of care’ was given
Hello doctor I am from Mangalore
Few month back my mother admit the private hospital in the city for uterus remove surgery,,After surgery they left cotton cloth left in abdomen we know the truth after 3 month from the surgery....
How we go legally
Please talk to the surgeon, who has errored and see how to remove the cloth from the abdomen. See the response of the hospital and proceed further.
Respected sir,
"Medical negligence : various dimensions" is my topic of research in project
I've covered almost everything which you taught very nicely in this video
Is that sufficient ?or i ve to add more ..please suggest
Thanks
Video is to make professionals to understand the concept. Please do more research on the topic from various case laws.
Dear sir i have started getter inclined towards law as profession but presently pursuing BPT 🙏🙏 what should I do sir..i know this question is deviation from ur lecture
Some universities are now allow pursuing two degrees at a time. Please do explore it
I am in USA. My father, in India died with in 24 hrs after fall and trauma , hypotension and GI bleeding. Ortho surgeon found a fracture in leg, put a cast, didn't even put IV fluids and sent him home. How can I complain from here ?
Sorry, I don’t know the answer. Please do contact a lawyer in your hometown and proceed.
Can I file a case after 1 year of surgery. Please reply.
Under consumer protection act - yes
If a ENT SURGEON did NERVE and MUSCLES ligaments of mouth and neck and all other HOSPITALs doctors says it's Surgical error and i have letters from doctors that's it's a case of post operative neuropathy after styloidtecomy SURGURY my prolong illness isn't resolved even after 11months of surgury too !
some adv student told me i
come under section 338
Sorry, I am unable to understand your question
Does post cesarean infection due to atypical mycobacterium comes und medical negligence
Please do consult an advocate. Explain the circumstances to them in detail so that they can give the opinion
@@SureshBadaMath sir a sole llb degree holder wont be able to answer it properly since its in depth medico legal question...if u could pls just reply in yes or no will be really helpful
What if i say they reuse gloves by putting it in autoclave
I want to know that if we did a case on doctor for compensation and doctor medical negligence is found and causes patient death ....can a doctor put into jail or not?
Yes, doctor can be sent to jail, under criminal negligence (gross negligence) which is coded in IPC 304 A
Criminal negligence (sending to jail) and civil negligence (compensation) are not the same. Doctor may be guilty under civil negligence but criminal negligence case may be dismissed.
For more information read lexpeeps.in/rash-and-negligent-act-under-ipc/?amp=1
@@SureshBadaMath thank you sir 🙏 My brother died because of doctor and that is why I'm learning about medical negligence
हिंदी में होता तो आम आदमी भी समझ जाता
Dear Sanjay, Thanks for your suggestions
sir injection Abcess medical Negligence mein ata hai kya ???