Medical Negligence law is to protect the rights of patients in cases of improper treatment or injury due to lack of proper attention in treatment by a medical practitioner. The methods or procedures used by doctors, the nature of illness of patient and many such factors affect the decision making process of the jury difficult. Hence, many times an expert opinion is taken by jury.
The noble profession of medical practitioners is now facing many questions from society about the quality of services offered, integrity of doctors and intention behind following certain line of treatment. The growing awareness of patients about their rights is bringing up many issues of unsatisfactory services. However, the practice of this law needs to strike delicate balance between understanding of ever evolving medical field and rights of ailing patients and relatives.
Hence, based on the nature of treatment, degree of negligence, effect on patient, these cases are treated differently. Deficiency in services amounting to negligence is categorized under Consumer Protection Act and where Negligence amounts to Crime, Criminal law takes over.
While handling these cases we believe in empathising with ailing patients and relatives but also have rational and scientific mindset to understand the medical profession.
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