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Medical Negligence and Legal Remedies

Medical Negligence and Legal Remedies

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Description
" The human body remains one of the greatest creations of Almighty on earth. Since evolution, man has endeavored to keep himself rooted with the gifts of nature to maintain good health and longevity. But, disease and death are inevitable. Physical discomfort, disablement or death suspected to be caused by human action or inaction creates fundamental conflicts of mutual co-existence. Jurisdictions all over the world apply similar parameters for determination of liability in such eventful episodes of medical negligence. Medicine is said to be an inexact science. Therefore, each case has its own peculiar impact. Based on the pathophysiology of the disease, its prognosis, known complications, morbidity, mortality, palliative care, and the prevailing protocols of clinical practices for its management, the adjudication of the dispute is arrived at. The book entails its focus on discussing a large number of diseases so that the judicial pronouncements on the merits involved, reach every reader."
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Contents
1.    News Board
2.    Indian Doctors at Cross Roads
3.    Clinical Analysis of Case Law based Legal Dynamics of
       Medical Malpractice Litigation in India
4.    Law in the Making
5.    Remedy under Article 226 of the Constitution of India - Principles,
       Relief and Administration of Justice
6.    Standard Principles of Medical Negligence and Liabilities of a Doctor
7.    Do’s and Dont’s - A Checklist for Doctors and Patients
8.    Provisions of the Consumer Protection Act, 1986
9.    Other Related Laws
10.  Model Forms
11.  Digest of Important Cases  - Indian Cases
Foreign Cases
Appendix 1 - The Consumer Protection Act, 1986
Appendix 2 - The Consumer Protection Rules, 1987
Appendix 3 - The Consumer Protection Regulations, 2005
Appendix 4 - Code of Medical Ethics: Medical Council of India
Appendix 5 - The Indian Medical Council (Professional Conduct,
                    Etiquette and Ethics) Regulations, 2002
Appendix 6 - The Dentists (Code of Ethics) Regulations, 1976
Appendix 7 - The Revised Dentists (Code of Ethics) Regulations, 2014
Appendix 8 - The Pre-conception and Pre-natal Diagnostic Techniques
                   (Prohibition of Sex Selection) Act, 1994
Appendix 9 - The Clinical Establishments (Registration and Regulation) Act, 2010
Appendix 10 - The Protection of Human Rights Act, 1993
Appendix 11 - The Right to Information Act, 2005
Appendix 12 - Law Commission Report 206:Proposal for Enactment of
                     New Corners Act appliable to the Whole of India
Appendix 13 - Anatomical Diagrams
Appendix 14 - Glossary of Medical Terms
Subject Index
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Author Details
Author - Anoop K. Kaushal, Advocate
After having enrolled with the Bar Council of Delhi in the year 1988, as a litigation counsel handling briefs involving medical negligence, mediclaims, life insurance claims, and allied matters, the author was one of the first non-medical writers on the subject in the country, and first edition was published in the year 1995. Trying to create an equilibrium while handling cases from the patient's side as P .............................................................................................................................

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