Medical Negligence: Issues and Response

Abstract

Sometimes, it is very difficult to prove the negligence because the word negligence has two meanings. One is the negligence is a mode of committing certain torts, like defamation, nuisance and trespass. In this case negligence involves certain mental element towards the consequence of the defendant, he intends those consequences type of negligence man may be held liable for his mental element as well as the act towards that intention. At other side negligence as an independent tort, in this case the negligence involves the physical conduct rather than state of mind here man may be held liable due to his physical conduct rather than his intonation towards the act. Man may punish for his carelessness behavior though he had no any indentation. That means carelessness in which law mandates carefulness in modern sense negligence as considered as an independent tort which has been well illustrated in Donoghue v Stevenson (1832) by Lord Atkins. In the era of medical profession there is duty to take care and same is imposed by law, thus in case failure to take care of that duty even without any kind of indentation of the medical practitioner, his act would be treated as breach of legal duty and known as medical negligence. Medical negligence happens when the medical practitioner fails to provide the care which is expected in each case thus resulting in injury or death of the patient.In medical negligence cases it is the duty of the patient or his /her relatives to establish that:• There was a duty which the medical practitioner owed to the patient• There was a breach of said duty• The breach resulted in injury to the patient• The injury resulted in causing damages.