A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication...
MEDICAL NEGLIGENCE
whether and, if so, in what circumstances, a medical practitioner can be regarded as rendering 'service' u/s 2(1)(o) of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'). Connected with this question is the question whether the...
Prabir Kumar Paik. Vs The West Bengal Medical Council & Ors.[CHC]-26/07/2019-The police require an opinion from the from the West Bengal Medical Council, in terms of the directions given by the Hon’ble Supreme Court, to proceed any further...
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 prudent person would have exercised in a...
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...
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. Halder, Dr. Abani Roy Chowdhury, AMRI, 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 584 : (2005) 6 SCALE 130 :...
The criminal LAW has invariably placed the medical professionals on a pedestal different from ordinary mortals
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