Medical Negligence and jurisprudence
Index Page No.
Introduction………………………………………………………………………………………………………………02 Ethics of Medical Negligence…………………………………………………………………………………….03
Tort of Clinical Negligence………………………………………………………………………………………..05
Practice of Defensive Medicine…………………………………………………………………………………06
Principle of Res Ipsa Loquito…………………………………………………………………………………….07
Duty of Care……………………………………………………………………………………………………………08
Duty on part of Hospital and Doctor to obtain prior consent of patient..…………………08
NHS Redress Act……………………………………………………………………………………………………..09
Medical Negligence and CPA in India………………………………………………………………………..10
Ethical Compensation……………………………………………………………………………………………….10
Assessing the loss and Compensation…………………………………………………………………………11
Conclusion………………………………………………………………………………………………………………….12
Introduction
In the time before anaesthetic, a good surgeon was a quick surgeon and Robert Liston was a great surgeon. He was reputed to be the fastest in business. He was able to amputate a limb in less than 2½ minutes. Towards the end of his career, he was the first to perform a major operation with ether anaesthesia in European countries. Unfortunately, his mistakes are as startling as his successes. Three of his mistakes are particularly striking. On one occasion, he had an argument with the house surgeon who is arguing that the boy is suffering from aneurysm but not from the pulsatile tumour. To prove his point that the boy that young can’t be suffering from aneurysm of the artery at the neck, he took the surgeon’s knife and lanced it. There was burst of blood from the artery and the boy died. On another occasion, while rapidly amputating the leg, he accidentally removed the patient’s testicles and the patient died. On the third occasion, while removing another patient’s leg, he accidentally slashed through the observing surgeon’s coat tail and slashed his assistant’s fingers. The observing surgeon died of shock, thinking that he had lost his manhood and the
Introduction………………………………………………………………………………………………………………02 Ethics of Medical Negligence…………………………………………………………………………………….03
Tort of Clinical Negligence………………………………………………………………………………………..05
Practice of Defensive Medicine…………………………………………………………………………………06
Principle of Res Ipsa Loquito…………………………………………………………………………………….07
Duty of Care……………………………………………………………………………………………………………08
Duty on part of Hospital and Doctor to obtain prior consent of patient..…………………08
NHS Redress Act……………………………………………………………………………………………………..09
Medical Negligence and CPA in India………………………………………………………………………..10
Ethical Compensation……………………………………………………………………………………………….10
Assessing the loss and Compensation…………………………………………………………………………11
Conclusion………………………………………………………………………………………………………………….12
Introduction
In the time before anaesthetic, a good surgeon was a quick surgeon and Robert Liston was a great surgeon. He was reputed to be the fastest in business. He was able to amputate a limb in less than 2½ minutes. Towards the end of his career, he was the first to perform a major operation with ether anaesthesia in European countries. Unfortunately, his mistakes are as startling as his successes. Three of his mistakes are particularly striking. On one occasion, he had an argument with the house surgeon who is arguing that the boy is suffering from aneurysm but not from the pulsatile tumour. To prove his point that the boy that young can’t be suffering from aneurysm of the artery at the neck, he took the surgeon’s knife and lanced it. There was burst of blood from the artery and the boy died. On another occasion, while rapidly amputating the leg, he accidentally removed the patient’s testicles and the patient died. On the third occasion, while removing another patient’s leg, he accidentally slashed through the observing surgeon’s coat tail and slashed his assistant’s fingers. The observing surgeon died of shock, thinking that he had lost his manhood and the