Law of Torts

Topics: Medicine, Negligence, Duty of care Pages: 18 (6761 words) Published: February 11, 2013
Consumer, Medical Profession and Negligence: Analysis
Submitted by
Ananya Pratap Singh
Division-C Roll No.- 36 Class- 2011-2016
Symbiosis Law School, NOIDA
Symbiosis International University, PUNE
February, 2012
Under the guidance of
Dr. Chandrashekhar J. Rawandale
Symbiosis Law School, Noida


The project entitled “Consumer, Medical Profession and Negligence: Analysis“ submitted to the Symbiosis Law School, NOIDA for Law of Torts, MV Accident and Consumer Protection Laws-II  as part of Internal assessment is based on my original work carried out under the guidance of Dr.Chandrashekhar J. Rawandale from December to February. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on.

Signature of the candidate

I take immense pleasure in thanking , our beloved Professor Dr.Chandrashekhar J. Rawandale for having permitted me to carry out this project work.

Needless to mention that Dr.Chandrashekhar J. Rawandale Prof. In charge Law of Torts, MV Accident and Consumer Protection Laws-II , who had been a source of inspiration and for his timely guidance in the conduct of our project work. Finally, yet importantly, I would like to express my heartfelt thanks to my beloved parents for their blessings, my friends/classmates for their help and wishes for the successful completion of this project.

Ananya Pratap Singh

Index| Particulars| Page No.|
1. | Abstract| 7|
2. | Introduction| 7|
3. | Problem of Blameworthiness in Medical Profession| 8| 4. | Important Definitions| 8|
5. | Power of Consumer Forums| 9,10|
6. | Adjudication of Liability takes place| 10|
7. | Judicial Interpretation of Medical Negligence| 14| 8. | Conclusion| 21|

List of Figures
1. Powers of Consumers redressal Forum – Page No. 10

1. Indian J Urol. 2009 Jul-Sep; 25(3): 361–371.
doi:  10.4103/0970-1591.56205
2. Medical Negligence, Patients’ Safety and the Law
By Professor R.K. Nayak
3. Journal, Indian Academy of Clinical Medicine Vol. 12, No. 1 January-March, 2011 4. 5.

The changing doctor-patient relationship and commercialization of modern medical practice has affected the practice of medicine. On the one hand, there can be unfavorable results of treatment and on the other hand the patient suspects negligence as a cause of their suffering. There is an increasing trend of medical litigation by unsatisfied patients. The Supreme Court has laid down guidelines for the criminal prosecution of a doctor. This has decreased the unnecessary harassment of doctors. As the medical profession has been brought under the provisions of the Consumer Protection Act, 1986, the patients have an easy method of litigation. There should be legal awareness among the doctors that will help them in the proper recording of medical management details. This will help them in defending their case during any allegation of medical negligence. Introduction

The classical concept of a doctor-patient relationship born in the golden days of family physicians has undergone a drastic change due to dramatic advancement in medical technology, availability of sophisticated imaging systems, high tech electronics, and preponderance of new diseases. With the immense strides in technology, health care has emerged as a profitable sector attracting investors from varied backgrounds. Like other professionals, the medical men are liable to pay damages for their negligence under the law of torts. However, the accountability of...
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