Law of Medical Negligence and Compensation

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Description
The law of medical negligence is invoked for speedy and inexpensive remedy by way of recovery of damages through the consumer courts in India. The cardinal principle of liability, as Lord Macmillan puts it, is that the party complained of should owe to the party complaining a duty to take care, and that the party complaining should be able to prove that he has suffered damage in consequence of a breach of that duty.
Comprehensive coverage
The book provides an in-depth analysis of the principles governing medical negligence of physician, surgeon and hospitals under civil, penal and consumer laws of India, spelling out the criteria of reasonable care and standard of professional knowledge and skill, variation of consent in elective and emergency surgery, duty towards minors and mentally ill patients, obligation for gratuitous service, liability of private and government hospitals, criteria of patient as consumer, concept of deficiency in service, and common errors of medical professionals.
Practice & procedure for compensation
The work comprehends in detail the procedure, pleading and proof for claiming compensation under general law and consumer law, with special reference to individual as well as vicarious liability of the hospital, standard of proof in different fora, mode of assessment of compensation and principles of evaluation of evidence.
Up to date case laws & statutes
Since its last appearance, the realm of law in the field of medical negligence has been enriched by various decisions of the Supreme Court of India. The present version provided with all such developments of law. The important statutes in the appendices are also updated to facilitate use of the book by both legal and medical professionals.
Features
•    Revised & Updated by Amended Statutes and Verdicts of Apex Court with amended statutes
•    Professional liability of doctors
•    Standard of reasonable care for specialists and hospitals
•    Guidelines for claim of compensation
•    Unrivalled collection of precedents
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Contents
Part  - A - Negligence
1.    Ambit of Negligence
2.    Duty of Care
3.    Nature of Professional Duty
4.    Consent to Treatment
5.    Limitation of Action
6.    Common Complaints - Rights and Obligations
7.   Judicial Pronouncement - What May or May not be Negligence
Part - B - Compensation
8.    Eligibility and Liability
9.    Pleading and Proof
10.  Amount and Assessment
Part - C - Appendices
Appendix
1.    Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002
2.    The Consumer Protection Act, 1986
3.    The Fatal Accidents Act, 1855
4.    The Indian Majority Act, 1875
5.    The Indian Medical Council Act, 1956
6.    The Legal Representatives' Suits Act, 1855
7.    The Medical Termination of Pregnancy Act, 1971
8.    The (Extract of) Mental Health Act, 1987
9.    The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
10.  The Transplantation of Human Organs Act, 1994
Index
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Author Details
R.K. Bag, MA, LLB, WBHJS, District (Law), Sardar Vallabhai Patel National Police Academy, Hyderabad
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