Chauhan, Lakshmi, Agarwal, Pratishruti Singh, Kokatanur, Chandrakanth, Rihan, Jasleen and Yadav, Mohit (2023) Medical negligence and the need for an informed public domain. Russian Law Journal, 11 (3). pp. 12-17. ISSN 2312-3605
MEDICAL NEGLIGENCE AND THE NEED FOR AN INFORMED PUBLIC.pdf - Published Version
Download (199kB)
Abstract
Most of the time, a patient chooses a doctor or hospital based on their reputation. Patients have two main anticipations of medical individuals and organizations: first, that they'll treat them with utmost skill and knowledge, and second, that they won't hurt them through inattention, recklessness, or recklessness. Even if a doctor can't save a persons life, he still has a duty to do what's best for the person who put their trust in him by going to the doctor. Because of this, a doctor has to do the right research or ask the patient for a report. Also, he doesn't do any major therapy, surgery, or invasive study on a patient without getting their permission first, unless it's an emergency. If a physician or healthcare facility doesn't do this, they could be charged with negligence. Tort law says that a civil wrong (right in rem) is a violation of a duty that leads to a court stepping in and awarding damages. This is different from a signed contract (right in personam). So, being able to get medical care from professionals is a basic human right. Knowingly giving permission, paying a fee, and getting surgery, treatment, etc. gives the relationship the look of a contract, but important parts of tort are still there.
Item Type: | Article |
---|---|
Keywords: | Patient | Doctor | Hospital | Medical Treatment | Negligence | Carelessness | Reckless Attitude | Emergency | Operation | Tortious Liability | Judicial Intervention | Contract |
Subjects: | Social Sciences and humanities > Social Sciences > Social Sciences (General) |
JGU School/Centre: | Jindal Global Business School |
Depositing User: | Amees Mohammad |
Date Deposited: | 08 Apr 2023 06:22 |
Last Modified: | 08 Apr 2023 06:22 |
Official URL: | https://www.russianlawjournal.org/index.php/journa... |
URI: | https://pure.jgu.edu.in/id/eprint/5789 |
Downloads
Downloads per month over past year