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VOL. 3, ISSUE 2 (2018)
Challenges and redressal of matter of medical negligence: A legal study
Authors
Yash Gaur, Shruti Katiyar
Abstract
Every human being is born free and endowed with certain rights and duty to take care. These are most important when one is in a noble profession of medical practice. Medical practitioner takes oath while obtaining his/her degree of M.B.B.S or nursing etc. to serve human being for his/her whole life. This has now become a formality of the courses and its ethical value has lost its importance during present time. Criminal complaints are being filed against doctors under Sections 304A or 336/337/338 of the Indian Penal Code (IPC) 1860 alleging rashness or negligence on the part of doctors. This has given a rise to a situation of great distrust and fear among the medical professionals. Moreover, the negligence associated with the working pattern action or inaction of a medical professional requires an in-depth understanding regarding nature of the job and errors committed by chance, which do not necessarily involve the elements of culpability. Hence, liability of medical professionals must be clearly demarcated so that they may perform their benevolent duties without any fear of legal sword.
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Pages:1307-1310
How to cite this article:
Yash Gaur, Shruti Katiyar "Challenges and redressal of matter of medical negligence: A legal study". International Journal of Academic Research and Development, Vol 3, Issue 2, 2018, Pages 1307-1310
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