Importance Of Medical Negligence

The practice of medicine and surgery has long been considered a noble service, even a “calling”. Beyond its scientific and technical contributions, the medical fraternity has created a moral niche for itself—it has been accorded the respect of society. However, in the recent past, this perspective has changed for many the world over. There has been a sharp decline in the ethical value related to the medical profession, especially in India, and this trend is directly correlated to the problem of medical negligence.

The very nature of the medical profession makes it vulnerable to civil and criminal litigation. Keeping this fact in mind, it is essential to take into consideration both sides of the coin—cases in which the medical professional

It is an unacceptable behavior, not expected out of a prudent professional. What is expected out of him is a reasonably skillful behavior—adopting ordinary skills of the profession with ordinary care. Thus, medical negligence means lack of sufficient care and attention on the part of the attending/operating doctor or the hospitals as the result of which the patient has to undergo mental, physical and financial loss, or even face death.
In order to establish medical negligence in a case, the following elements must be present:
(i) Duty: A doctor patient relationship must be present between the doctor and the patient.
(ii) Breach of Duty: After the presence of duty of the doctor towards his patient is established, the doctor should have cause breach of that duty or the doctor should have been reckless in performing his duties towards his patient.
(iii) Injury Resulted due to Direct Breach of duty: This requires that damage has been caused as a direct result of the doctor being negligent towards his patient.
(iv) Damage: In a case of negligence what is required to be proved is the presence of