Any negligence by an action or omission of a medical practitioner in performing his/her function is known as medical negligence. Medical negligence arises when the medical practitioner fails to bring the care which is expected in each case thus appear in injury or death of the patient.
It can be any tort or breach of an arrangement of health care or professional services accomplished by a health care provider to a patient. The basic of skill and care required of every health care provider in the analysis of professional services or health care to a patient shall be that degree of skill and care ordinarily engaged in the same or similar field of medicine as the defendant, and the use of reasonable care and diligence.
Medical negligence is a crime in India under tort, the Indian Penal Code, Indian contract act, Consumer Protection act any many more. Medical negligence is immorality by medical practitioners and fails to provide care which is normal in each case thus resulting in death or injury to the patient As the name suggests, Medical Negligence is negligence or immorality by a medical practitioner.
The term Negligence is explained under the Law of Torts, Indian Penal Code, Consumer Protection Act, and some more acts in India. Simply speaking, it is a doctor’s burden to take due care of his patient. Any breach by an expert in performing his duties and not taking reasonable care to profess his profession falls under the ambit of medical negligence.
A common example of medical negligence is leaving swabs along with instruments inside the patient when closing the wound afterward surgery. Failure to check for previous adverse reactions when administering as a choice prescribing medication is another. Not obtaining informed consent before undertaking a risky as a choice life-changing procedure is a third.
Medical malpractice is when a medical competent, hospital, etc., fails to meet the medical standard of care also in doing so causes the patient harm. It is crucial to understand that the standard of care does not at all mean the best care ever. It means the minimum level of care compulsory under the circumstances.
The law acknowledges that there are convinced medical standards that are recognized by the profession as being sufficient medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known at the time that the standard of care. A patient has the right to expect so that health care experts will deliver care that is consistent with these standards. If it is determined that the standard of care accept not been met, then negligence may be established.