Posted on: May 25, 2023 Posted by: admin Comments: 0

Author: Ankita Kumari, Student at Chanakya National Law University, Patna.


Medical negligence, an intricate intersection of law and healthcare, remains a critical issue requiring meticulous analysis to ensure patient safety and pursue appropriate legal remedies. This article delves into the multifaceted aspects of medical negligence, examining liability, patient safety, and the legal recourse available. Starting with the fundamentum of medical negligence, we explore the principle of “res ipsa loquitur,” where the occurrence of harm alone speaks for negligence, placing the burden of proof on the healthcare professional. Drawing from the venerable maxim “primum non nocere,” emphasizing the physician’s primary duty to “do no harm,” we investigate the breach of duty and standard of care that form the crux of medical negligence claims.

Delving into the realm of medical negligence, we scrutinize the responsibilities of healthcare providers, the standard of care owed to patients, and the breach of such duties that can result in liability. Through an analysis of landmark cases and legal precedents, we examine the legal framework that guides the determination of negligence, incorporating Furthermore, this study underscores the paramount importance of patient safety within the healthcare system. By exploring risk management strategies, including quality improvement initiatives, error reporting systems, and evidence-based practices, we shed light on the pivotal role played by patient safety measures in preventing medical negligence. Finally, we consider the legal remedies available to patients affected by medical negligence, including compensatory damages, exemplary damages, and the potential for criminal liability. We discuss the application of “res judicata,” ensuring that final judgments have conclusive legal effect, and “stare decisis,” which promotes consistency and predictability in legal precedents.

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