Introduction Medical negligence has become one of the serious issues in the country in recent years.Even the medical profession, which is known to be one of the noblest professions, is not immune to negligence which often results in the death of the patient or complete/partial impairment or any other misery which has adverse effects on the patient’s health. All rights reserved. Medical negligence is also known as medical malpractice. Do Not Sell My Personal Information, how negligence works in a personal injury case, when it's medical malpractice—and when it isn't, why medical malpractice cases are a challenge to win. Law Practice, Attorney (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Post Your Case - Get Answers from Multiple Negligence is a common legal theory that comes into play when assessing who is at fault in an injury-related civil case. Civil Law And Medical Negligence The spot regarding negligence under civil law is very important as it surrounds many elements within itself. Medical Negligence Laws in India is not only linked to the criminal liability of a medical practitioner but has also been linked to a deficiency of services. Under the tort law or civil law, this principle is applicable even if medical professionals provide free services[11]. Most medical treatment will be of a high standard, but sometimes mistakes happen. Most medical negligence violations are remedied by monetary damages awards to compensate the victim for their injuries. Under the tort Law, negligence is established to the extent of the loss incurred. It further leads to civil consequences of damages under the civil laws as well as consumer laws. Similar to drivers, doctors and other medical professionals also owe a duty of care to their patients, to provide treatment that is in line with the “medical standard of care,” which is usually defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. 4 Comments . Examples of medical negligence include: improper administration of medicines; performing the wrong or inappropriate type of surgery; giving improper medical advice; or leaving foreign objects in the patient’s body (such as a sponge or bandage after surgery). Therefore, the person performing should possess the requisite skill to do the work. Limits on medical malpractice awards were instituted in order to prevent frivolous claims and requests for unreasonable damage award amounts. A breach of this duty gives a patient the right to initiate action against negligence. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits … Medical treatment in Hong Kong is generally of a very high standard and every year millions of people go through both the public and private healthcare systems. Negligence is the breach of a legal duty to care. These allegations have the potential to harm not only their reputation and career, but also their confidence in their trade and the delivery of … Medical Negligence In Criminal Law: Under Criminal law when it is proved that the negligent act is performed with Mens Rea (guilty mind) he shall be punished under the criminal law now because of Code of Criminal Procedure (C.C.P.) The basis of a medical negligence suit is still alien to the majority of the practicing doctors in our country. Medical negligence can sometimes involve very serious injuries or violations. In the majority of medical negligence claims, the legal remedy consists of a monetary damages award paid from the medical company or professional to the plaintiff. If the failure to stop at the red light causes an accident, then the negligent driver is on the financial hook (usually through an insurer) to pay for any damage caused to other drivers, passengers, or pedestrians. With this in mind Sara Duxbury, Head of People at leading medical negligence law firm Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Since the 1970s, medical malpractice has been a controversial social issue. Solicitor, and Partner John Knight, who has more than 20 years of experience of dealing with claims of this sort, heads up the department. Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law. Law, About A breach like this gives the patient a right to launch an action against negligence. You must hire a law firm experienced in medical malpractice cases in order to pursue your claims in court and get the compensation you deserve.