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Medicine and the Law$
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K. Kannan

Print publication date: 2014

Print ISBN-13: 9780198082880

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780198082880.001.0001

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Medical Negligence

Medical Negligence

(p.284) 5 Medical Negligence
Medicine and the Law

K. Kannan

Oxford University Press

A much abused area of practice in courts is the conflict situation which arises by a mismatch of what the patient expects to secure and what the doctor’s treatment results in. Complaints of medical negligence have different components and standards of proof depending on the forum of action. Consequently, the reliefs and motivations in each type are different. In a case of criminal negligence, the standard of proof is very high. If proved, the accused is sentenced to imprisonment, fine, or damages. In an action as civil wrong, also called a tort, the remedy lies in damages. Actions before consumer fora are in the genre of tort claims but as per the provisions under the Consumer Protection Act, the proof shall be a deficiency of service that looks for deviation from standard practice in order that the complaint is actionable.

Keywords:   criminal negligence, negligence as tort, deficiency of service, Bolam principle, consumer dispute, surgical cases, diagnostic errors, blood bank, blood transfusion, AIDS infected

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