Medical Negligence I Professional Medical Negligence I Bolam Test I Bolitho Test

Medical malpractice is an act of negligence committed by a medical provider, a physician in most situations. It is defined as doing something a medical provider of ordinary skill would not have done, or failing to do that which a medical provider of ordinary skill would have done. To establish a medical malpractice claim, there must be injury and damage to the patient directly resulting from the negligence
Medical Negligence has many manifestations - it may be active negligence, collateral negligence, comparative negligence, concurrent negligence, continued negligence, criminal negligence, gross negligence, hazardous negligence, active and passive negligence, willful or reckless negligence or Negligence per se
A doctor can be held liable for negligence only if it can be proved that he/she is responsible of a failure that no other doctor with ordinary skills would be guilty of it, if acting with reasonable care. A slip in judgment constitutes negligence only if a professional who is reasonably competent with the standard skills and has acted with ordinary care, would not have made the same error.
In the Supreme Court landmark judgement Jacob Mathew v. State of Punjab and Anr. [(2005) 6 SCC 1]. In paragraph 41 of the decision, the Court observed that:
"The practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence is what the law requires."
The consequences of legally cognizable medical negligence can broadly be put into three categories:
(i) Criminal liability,
(ii) monetary liability, and
(iii) disciplinary action (cancel of medical / license registration)
Doctors owe a duty of care towards the patients in emergency situation but at the same time it is the responsibility of the patients as well to cooperate with the medical professionals in discharge of their duties.
To err is human that doesn't give right to patients or their family members to attack or abuse the doctors. No way is it justified. If, there is negligence in that case legal route should be adopted.

[@cherveed]

I am so frustrated with hospitals and doctors that causes infectious conditions and drain the patient with medical costs.

[@jafroz8291]

Thanks a lot sir

[@SureshBadaMath]

Most welcome

[@sumathijayaraman3415]

Your leature is amazing 👌

[@SureshBadaMath]

Thanks for your encouraging feedback

[@07sharib]

Thank you so much sir, very informative

[@sureshbabu-xu1oq]

Super..

[@SureshBadaMath]

Thank you

[@vinayajoseph7025]

Thank you so much for such a clear explanation of the topic. Wish you could upload more videos on other subjects as well.

[@SureshBadaMath]

Sure. Please let me know any specific topic

[@vinayajoseph7025]

@@SureshBadaMath Admissibility of expert/scientific evidence in a court of law.

[@karishmarupani4156]

Very enriching experience. Sir could we please have more lectures on different subjects also by you.
Asst prof Mumbai

[@SureshBadaMath]

There are many in pipeline

[@inthewildworld1535]

Hello sir i am from one of the the state of India. My baby was born premature and after two days they have to put her in Ventilator cause her conditions deteriorated. She has apnea, multiple seizures, infantile spasms, difficult in swallow, breathing problems also neonatal Sepsis. She has aspiration pneumonia. She also get infection four times through central lines and through Treachostomy tube cause of not being hygiene. She is still in NICU and now the Dr are saying that she can't see nor hear anymore for the rest of her life due to global athropy which they are telling us after almost ten months from the day she was admitted. They also keep on lying to us from day one, and not only that they have even abused my daughter and that we have photo of marks on her body. One nurse even try central lines on her without doctor knowledge and with anesthesia which the doctor says that nurse are not qualify, I can't imagine how much pain my daughter would have gone through during that time.
We have many prove likes photos and recording yet we don't know how to go through. We would be very thankful if you could atleast give us some advice for our situation so that they learn or punish for what they had done not only to my baby but to others baby too. Thank you.

[@SureshBadaMath]

Please do take opinion (one more) from AIIMS, New Delhi about your child’s health condition first. Plan for physiotherapy and rehabilitation of your child. Later, once you are in a position to take it to the next level contact your family lawyer to discuss about the merit of the case to fight or not in consumer court.

[@inthewildworld1535]

@@SureshBadaMath Thank you Sir. My daughter is still in NiCU with treachoestomy tube and she is oxygen dependent, she is kept for observation for a few days and discharge in two weeks time. So you mean i contact AIIMS through phone?