Medical negligence and the need for an informed public domain

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

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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

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