Medical Negligence During COVID Times
A man need not possess the highest expert skills; it is well-established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art.- MC NAIR, J
The world is suffering from this pandemic for more than a year now, but things are not becoming better.
All the responsibilities are on the medical field and if they show carelessness, negligence ,etc. It become impossible to rectify their mistake. During this pandemic lots of cases were coming out regarding the medical negligence which were done by the doctors, nurses and other health care workers.
Understanding about the Medical Negligence
Firstly understand about, What is negligence ? Negligence is a failure to use proper and ethical lying care expected to be used amidst specified circumstances. The area of tort law is known as negligence in the field possibly involving damage due to failing to act as a form of negligence with circumstances.
Medical negligence is defined as the negligent, improper or unskilled treatment of a patient by a health care professional. This can include negligent care from a nurse, physician, surgeon, pharmacist, dentist or other health care workers. Medical negligence forms the basis for the most medical malpractice claims where the victim is claiming injury from medical treatment.
The primary elements that constitute negligence in the general sense are duties of care, breach of duty and resultant injury. In case of medical negligence, a medical professional requires a very high level of culpable capacity to be held liable. Under civil law, negligence is punishable under law of torts or under Consumer Protection Act, 1986.
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