Abstract:
This topic covers the legal provisions, the obligation and solutions in the form of remedy in the cases of medical negligence. Vicarious liability and its application also cover in this paper with respect to medical negligence. The term negligence means, omission or failure to exercise the appropriate care, which is expected in the specified circumstances from specified person or professionals.Law helps to all the victims, who had sustained a loss injury or harm due to the negligence or carelessness of another person. It is a universal fact that mistake or an error can be committed by each and every person in their whole life time, no one is perfect on earth. The only matters are the gravity of negligence, sometime due to the negligence, the injury or damage is not very serious but sometime the damages and injuries are very serious and can be in the form of total disablement or death of a person.Medical profession is considered as one of the noble professions in all over the world, the position of god is given to the doctors.There are various types of negligence caused by various professionals but out of all that medical negligence is one of the types of negligence mostly seen in hospitals, nursing homes, dispensary, clinics etc. and are done by medical practioners and associate person. As per the law there are various provision stated towards the liability in various sections of law i.e, the civil liability, criminal liability as well as liability arises under Consumer Protection Act 1986.It is evident that the cases of medical negligence occur almost every day in hospitals, now a days it is in very common to hear about the medical negligence cases in news channels social media and through many other mode of technology. This topic covers the legal provisions and the obligation and solutions in the form of remedy in the cases of medical negligence.
