Annals of Indian Academy of Neurology
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Year : 2016  |  Volume : 19  |  Issue : 5  |  Page : 9-14

Medical negligence: Indian legal perspective


Advocate, New Delhi, India

Correspondence Address:
Amit Agrawal
I-11, First Floor, Jangpura Extension, New Delhi - 110 014
India
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Source of Support: None, Conflict of Interest: None


DOI: 10.4103/0972-2327.192889

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A basic knowledge of how judicial forums deal with the cases relating to medical negligence is of absolute necessity for doctors. The need for such knowledge is more now than before in light of higher premium being placed by the Indian forums on the value of human life and suffering, and perhaps rightly so. Judicial forums, while seeking to identify delinquents and delinquency in the cases of medical negligence, actually aim at striking a careful balance between the autonomy of a doctor to make judgments and the rights of a patient to be dealt with fairly. In the process of adjudication, the judicial forums tend to give sufficient leeway to doctors and expressly recognize the complexity of the human body, inexactness of medical science, the inherent subjectivity of the process, genuine scope for error of judgment, and the importance of the autonomy of the doctors. The law does not prescribe the limits of high standards that can be adopted but only the minimum standard below which the patients cannot be dealt with. Judicial forums have also signaled an increased need of the doctors to engage with the patients during treatment, especially when the line of treatment is contested, has serious side effects and alternative treatments exist.


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