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Legal Forums » Personal Injury Law Discussion Forum » Supreme Court and Medical Negligence Necessary Protection
Started Jan 06 2013, 01:46
Posts: 1473 |
Jan 06 2013, 01:46
The service which medical professionals render to us is the noblest. Aryans embodied the rule that, Vidyo narayano harihi (which means doctors are equivalent to Lord Vishnu).
Professionals like doctors, lawyers, etc. are in the category of persons professing special skills. Any man practicing a profession requires particular level of learning, which impliedly assures a person dealing with him, that he possesses such requisite knowledge, expertise and will profess his skill with reasonable degree of care and caution. It should be taken in to consideration that the professional should command the “corpus of knowledge” of his profession. Since long the medical profession is highly respected, but today a decline in the standard of the medical profession can be attributed to increasing number of litigations against doctors for being negligent narrowing down to “medical negligence”.
The health service has been under the purview of the Consumer Protection Act, 1986 and subsequently the commercialization of the health sector has had adverse effects on doctor and patient relationship. The landmark case Indian Medical Association Vs. V.P.Shantha brought the medical professionals within the ambit of “service” as defined in the Consumer Protection Act, 1986. It's a common observation that medical practitioners, hospitals are being attacked by family members of patient for alleged medical negligence. The doctor- patient relationship is one of the most unique and privileged based on mutual trust and faith. But presently there is a great decline in the doctor-patient relationship. The reason may be communication gap between them, commercialization of health services, raising expectations from doctors or increased consumer awareness.
ID#12631410
Abul mustaq
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