MEDICAL NEGLIGENCE: A CRITICAL ANALYSIS
AUTHOR – TOOBA NOOR, STUDENT AT AMITY LAW SCHOOL, NOIDA
BEST CITATION – TOOBA NOOR, MEDICAL NEGLIGENCE: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1152-1158, APIS – 3920 – 0001 & ISSN – 2583-2344.
UNDER THE SUPERVISION OF
DR. DEVENDRA SINGH, PROFESSOR, AMITY LAW SCHOOL, NOIDA
Abstract
This research paper deals with the worldwide issue of medical negligence. The term “medical negligence” also known as “medical malpractice” is basically defined as the non-fulfilment of the standard of care expected from a medical practitioner by their patients. This non-fulfilment of an expected standard of care may cause harm to the patient physically, emotionally, mentally or economically.
“Medical negligence” is constituted when elements of- duty of care, breach of duty, causation and damages, are present. It is basically a provide-consumer relationship. And some of the laws of “medical negligence” are also mentioned the consumer protection act. Therefore, one of the most important step that should be taken to eliminate medical negligence from the society includes establishing a good provider-patient relationship which would also include better communication between them in order to understand the needs of the patient carefully and not cause any kind of misunderstanding, communication from the side of the patient should also be clear as it is necessary that the patient disclose any kind of information that is required for their medical treatment.. Another step includes correct diagnosis, many times the main cause of “medical negligence” is wrong diagnosis. Being the first step of the treatment, diagnosis should be done correctly as it can change the whole process of therapy. There are few more steps and policies that I have mentioned in this research paper, we can follow to overcome this global issue. With the growing awareness among the population, “medical negligence” has become a global issue. This research paper provides various aspects of the topic “medical negligence” such as what constitutes it, what are the types of medical negligence, what are the outcomes of it and what steps can be taken to avoid such kind of phenomena.