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Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective

A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breac...

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Detalles Bibliográficos
Autores principales: Pandit, M. S., Pandit, Shobha
Formato: Texto
Lenguaje:English
Publicado: Medknow Publications 2009
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779963/
https://www.ncbi.nlm.nih.gov/pubmed/19881134
http://dx.doi.org/10.4103/0970-1591.56206
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author Pandit, M. S.
Pandit, Shobha
author_facet Pandit, M. S.
Pandit, Shobha
author_sort Pandit, M. S.
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description A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.
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spelling pubmed-27799632009-11-27 Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective Pandit, M. S. Pandit, Shobha Indian J Urol Symposium A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment. Medknow Publications 2009 /pmc/articles/PMC2779963/ /pubmed/19881134 http://dx.doi.org/10.4103/0970-1591.56206 Text en © Indian Journal of Urology http://creativecommons.org/licenses/by/2.0/ This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
spellingShingle Symposium
Pandit, M. S.
Pandit, Shobha
Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective
title Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective
title_full Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective
title_fullStr Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective
title_full_unstemmed Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective
title_short Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective
title_sort medical negligence: coverage of the profession, duties, ethics, case law, and enlightened defense - a legal perspective
topic Symposium
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779963/
https://www.ncbi.nlm.nih.gov/pubmed/19881134
http://dx.doi.org/10.4103/0970-1591.56206
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