Medical Negligence and the Law in India (Duties, Responsibilities, Rights)

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Description
Medical malpractice, perceived and actual, is among the most hotly debated issues in India today. Related litigation has been increasing every year, especially since the enforcement of the Consumer Protection Act (CPA), 1986.
This book provides a comprehensive and in-depth survey of the law under the CPA, the law of torts, and the Penal Code. Addressing doctors, patients, and lawyers, it explains how the law operates in the country in the context of increasing rights consciousness among patients and doctor-patient conflict. Analysing major Indian cases, as also cases and laws abroad, the book throws light on a wide range of issues including the duties, responsibilities, and rights of doctors; likely areas of litigation in medical specialities;'consent'of patients; and compensation. Additionally, the volume includes appendices on medical services and malpractice suits (with statistical information) and consumer disputes redressal agencies.
Ambitious in scope and lucidly written, this book will be invaluable for lawyers practicing on the civil side and in consumer courts, judges, advanced students of law (tort and consumer law), doctors and other medical professionals, and NGOs working in the field of health. A one-stop reference, this book will appeal to anybody interested in learning about medical negligence and related law.
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Contents
Medical Negligence : General Considerations
1.    Doctor-Patient Conflict: Causes, Consequences, Dynamics
2.    Rights and Responsibilities of Patients
Law in the Context of Medical Negligence
3.    Medical Negligence and Civil Laws
4.    The Chain of causation
5.    Proff of Inury and Award of Compensation
6.    Compensation Based on the Law of Torts
7.    Doctor-Patient Relationship and Iformed Consent
8.    Consumer Protection Act and the Medical Profession
9.    Some Practical Aspects of CPA
10.  Consumer Forum for Cases: Procedures, Rules, and Regulations
11.   Liability of Medical Professionals under Criminal Law
12.  Prevention of Malpractice Litigation
Potention Areas of Litigation
13.  Malpractice Litigation in Obstetrics and Gynaecology
14.  Litigation in Anaesthesia
15.  Litigation in Surgery
16.  Medical Negligence in Internal Medicine
17.  Litigation in Other Disciplines of Medical Science
Appendix 1 : Stastitics ad Studies on Medical Services and Malpractice Suits
Appendix 2 : Consumer Disputes Redressal Agencies:
Composition and Jurisdiction
Bibliography
Glossary
Case Index
Subject Index
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Aauthor Details
Tapas Kumar Koley is Specialist Physicial, Tilak Nagar Colony Hospital, Delhi. He is a resource person of the National Institute of Helth and Family Welfare for training doctors on issues relating to medical negligence. He has been teaching medicine at public institutioins, including Bara Hindu Rao Hospital, for more than ten years.
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