Medical Negligence

It was rightly said by Richard Seizer “If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish.” For a patient, the doctor is like God. And, the almighty can never commit any mistake but that is what the patient thinks or believes. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake, but committing a mistake due to one’s own carelessness is defined as negligence. The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes”.

Mistakes or Negligence in medical profession may lead to minor injuries or some serious kinds of …show more content…
As far as determining negligence is considered, courts have to depend on the advice of experts, except in cases of blatant violation of protocol and doing things which are considered to be unreasonable and imprudent. The law on the subject needs to be more precise and certain. That will surely give a better understanding about the “reasonable man”.In other words the doctor, does not have to adhere to the highest or sink to the lowest degree of care and competence in the light of the circumstance. He does not have to ensure that every patient who comes to him is cured. He has to only ensure that he confers a reasonable degree of care and competence. To err is human but who will own