Under the Law of Torts, word negligent has been defined and Word ‘negligence’ is defined in Black’s Law Dictionary (7th Edition) “The failure to exercise the standard of care that a reasonably […]
How and by which principle, the Court should decide the issue of negligence of a professional doctor-SC Explained it after 22 years of filing the original complaint in favor of the doctor and against the lady patient- complainant.
Syad Akbar Versus State of Karnataka-The burden of proving the affirmative, that the defendant was negligent and the accident occurred by his negligences, still remains with the plaintiff; and in such a situation it will be for the Court to determine at the time of judgment whether the proven or undisputed facts, as a whole, disclose negligences.
KEYWORDS:- MEDICAL NEGLIGENCE-mandatory compensation-doctrine of the cumulative effect- DATE: 7 August, 2009 The doctrine of cumulative effect is not available in criminal law- “for the death of Anuradha although Dr. Mukherjee, Dr. […]
KEYWORDS:- MEDICAL NEGLIGENCE – CRIMINAL LIABILITY OF A MEDICAL PRACTITIONER- DATE :- 05-08-2005 AIR 2005 SC 3180 : (2005) 2 Suppl. SCR 307 : (2005) 6 SCC 1 : JT 2005 (6) SC […]
KEYWORDS:- MEDICAL NEGLIGENCE- Medical Professionals in Criminal Law 35. The criminal LAW has invariably placed the medical professionals on a pedestal different from ordinary mortals. The INDIAN Penal Code enacted as far […]