Medical Negligence and Malpractice: A Threat to Humanity (Paper)
- Shivani Upadhyay, UPES Dehradun
- February 15, 2021
Content :
Medical Negligence is an act of negligence which occurs when doctors fail to take reasonable duty of care causing injury to their patients. In other words, it means a doctor’s breach of duty to take care of his patients. Unlike medical malpractice, medical negligence does not carry the element of ‘intent’. Medical malpractice is an intentional failure on the part of a doctor which results into harming a patient. However, this article will analyse how medical negligence can result into medical malpractice.
The main problem lies in interpreting these terms since both these terms are nowhere defined in Indian laws. This article seeks to outline the basic features of medical negligence and malpractices and how these practices are a threat to human mankind. The methodology adopted is empirical and analytical with support of descriptive methods and is based upon the judicial opinions of Indian courts.
Furthermore, this paper also intends to highlight the need for enacting and enforcing various provisions related to medical negligence and malpractices mentioned under different statutes and will aim at restoring patient’s rights and people’s faith in the medical profession. Medical ethics need to be reformed to serve the complete righteousness so that instead of being threatened, people are more encouraged to trust doctors and medical practitioners.
