Medical Negligence Cases Research Articles

Descriptive analysis of medical negligence claims in septicemia patients: a review of Indian National Consumer Court judgments

Abstract Background, Aims, and Objectives: Patients admitted to intensive care units are at a higher risk of experiencing medical errors and have an increased likelihood of developing septicemia. Due to the high mortality associated with sepsis, doctors are more frequently sued for negligence. Patients alleging medical negligence in India can seek compensation through the National Consumer Dispute Redressal Commission (NCDRC). This study aims to analyze NCDRC cases where patients suffering from septicemia filed for negligence. In medical negligence cases filed by patients suffering from Septicemia, the objective is to find out the court’s outcome/verdict, the pattern of monetary compensation involved in the case, the legal standard of accepted care in the management of septicemia, and ways in which doctors can protect themselves from negligence claims, etc. Materials and Methods: This is a record review study in which judgments were obtained from www.scconline.com. The final analysis included cases where patients were diagnosed with sepsis based on medical records or postmortem reports. Qualitative data is presented as percentages, while quantitative data is expressed as a median with an interquartile range. Fisher’s exact test was used to compare qualitative variables. Results: A total of 34 judgments met the inclusion criteria, with the court ruling in favor of doctors in only eight cases. Surgical intervention (11 cases, 32.3%) was the most common cause of sepsis, followed by abdominal infection (14.7%). The outcome of the cases was not influenced by whether the doctor or patient initiated the lawsuit (Fisher exact probability = 0.49). Conclusion: The NCDRC found doctors negligent in most cases where patients with septicemia sued. Eventful surgery was identified as the most common cause of sepsis. The study suggests that doctors can protect themselves by promptly diagnosing post-surgical injuries to intra-abdominal organs and preventing the spread of local infections.

Using HFMEA to Reduce the Number of Colonies in the Water of Hemodialysis Room

<p>運用HFMEA手法降低血液透析室水處理之菌落數<br />國內血液透析中心發生多起透析用水處理不當導致的醫療疏失，讓醫病關係產生緊張及不信任感。本單位2018年04月至09月因透析液送檢不合格率為0.2%，故成立專案小組藉由醫療失效模式效應分析，檢視透析用水處理流程。發現問題有：漂白水濃度不足、漂白水靜置時間不足、透析機無自動開機沖洗、班間沖洗時間不足、透析機消毒時未吸取消毒液、透析機移動重新接水路未執行沖洗、透析用水採檢技術流程知識不足等問題，其改善措施為：修訂水處理系統消毒規範、修訂透析機消毒規範、修訂透析用水採檢流程。對策實施後，不合格率由0.2％降至為0％，高為險因子由10項降低為0項。藉此次專案讓人員瞭解HFMEA是著重於系統分析，可預防錯誤發生進而提升醫療安全。</p> <p> </p><p>Many cases of medical negligence caused by improper treatment of dialysis water occurred in domestic hemodialysis centers, which caused tension and mistrust between doctors and patients. From April to September 2018, the unqualified rate of dialysate was 0.2% in our hemodialysis room. Therefore, a task force team was set up to examine the dialysis water treatment process through the analysis of medical failure mode effects. We found problems that include: insufficient concentration of bleach water, insufficient standing time of bleach water, no automatic start-up flushing of the dialysis machine, insufficient flushing time between shifts, no antiseptic solution was absorbed during the disinfection of the dialysis machine, flushing was not performed when the dialysis machine was moved and reconnected to the water circuit and insufficient knowledge of the technical process of sampling of dialysis water. The measures of improvement are revising the disinfection specification of water treatment system, revising the disinfection specification of dialysis machine, and revising the sampling process of dialysis water. After the implementation of the countermeasures, the unqualified rate was reduced from 0.2% to 0%, and the high risk factors were reduced from 10 to 0. Through this project, personnel can understand that HFMEA focuses on system analysis, which can prevent errors and improve medical safety.</p> <p> </p>

Doctors in conflict with the criminal law: A records review of gross medical negligence cases under the Indian penal code

Medical negligence is a critical issue in the healthcare system, often resulting in harm to patients and legal disputes. Objectives: The article focuses on cases of criminal medical negligence in India, including notable cases such as Jacob Mathew, Syad Akbar, and PB Desai. The study aims to analyze the judgments given by courts against medical professionals charged under the Sec. 304A of the Indian Penal Code (IPC). This specific study was undertaken as there was a dearth of research around criminal negligence; however, ample data were available for civil breach of duty by doctors. Material and Methods: This is a records review type of research. The research methodology involved conducting an extensive search for relevant judgments on indiakanoon.com using keywords such as “medical negligence,” “due care,” “Bolam test,” and “Supreme Court (SC) judgments.” The study specifically focused on judgments that pertained to criminal cases under Section 304 IPC (Death due to rash or negligent action) while excluding civil cases, consumer court cases, and disciplinary actions of state medical councils. Results: After conducting a judgment search, 90 cases met the inclusion criteria. The legal principles pertaining to negligence as established in the Jacob Mathew case, such as the definition of negligence amounting to a criminal nature and the criteria for determining a breach of duty, were reproduced. In the Syad Akbar case, SC laid down the difference in evidence required to prove medical negligence amounting to a crime. In the PB Desai case, the court clarified that mere differences in opinion between 2 doctors do not amount to negligence if due care was taken and the treatment was in line with the standard of care applicable at that time. Conclusion: The results of the study provide valuable insights into the judicial approach to criminal medical negligence cases in India. By examining a range of judgments from different jurisdictions, the study identifies common themes, emerging trends, and significant precedents that shape the legal landscape surrounding medical negligence. It underscores the need for robust standards of due care and emphasizes the role of the judiciary in promoting patient safety, accountability, and fair compensation in cases of medical negligence. This article contributes to the existing body of knowledge on medical negligence in India, serving as a valuable resource for legal professionals, healthcare practitioners, policymakers, and researchers interested in understanding and addressing the complexities of this important issue.

Undiagnosed, uncomplicated foreign body in abdominal cavity – A case of medical negligence

When a retained surgical foreign body occurs, it poses significant risks to patients, potentially resulting in life-threatening complications. This paper presents the case report of dead body of a female of about 32 years of age brought for medicolegal post-mortem examination with a history of sudden death. Internal examinations revealed adhesion present around the right ovary, right fallopian tube, ceacum, omentum and large intestine with 100 ml free fluid in abdominal cavity. On careful blunt dissection of adhesion, a gauze piece was observed in the abdomen cavity that too is having firmly adherent to the surrounding organs. On removing it was of size 29 × 15 cm, yellowish - white in color. This underscores the need for continuous vigilance and adherence to established counting procedures throughout the surgical process to minimize the risk of such adverse events. Excellent communication among surgeons, nurses, and anesthetists during the procedure is key to success.

Dr ALM’s Medicolegal Series – Part 2 – Expert Opinion

Abstract A patient was admitted in a hospital for fever with chills and was treated for Typhoid fever but the patient deteriorated and referred to another hospital in moribund state. In the second hospital she was diagnosed to be suffering from Malaria but the patient died. The husband of the patient moved District Consumer Forum which held the doctors and hospital negligent because of wrong treatment. Aggrieved by the order of the District Forum, the hospital preferred an appeal to the State Consumer Disputes Redressal Commission (FA No. 89 of 2005) and the insurance company, preferred another appeal (FA no. 1066 of 2005). The State Forum vide its order dated 31.10.2008 allowed the appeals and turned down the order of District Consumer Forum. The patient side moved National Commission. In the order of the State Commission there is a casual reference to the effect that “there is also no expert opinion to state that the line of treatment adopted by the appellant/opposite party No.1 Hospital is wrong or is negligent”. The National Commission turned down the order of State Commission and restored the order of District Forum.In the opinion of The National Commission, before forming an opinion that expert evidence is necessary, the Fora under the Act must come to a conclusion that the case is complicated enough to require the opinion of an expert or that the facts of the case are such that it cannot be resolved by the members of the Fora without the assistance of expert opinion. This Court makes it clear that in these matters no mechanical approach can be followed by these Fora. Each case has to be judged on its own facts. The following points are stressed by The National Commision. Wrong diagnosis is negligence. Recordings in the case sheet is very important and Over writing in the case sheet leads to suspicion.The evidence act sections 61, 64,74 and 75 need not be applied in the consumer council. Expert opinion is required only in complicated cases of Medical Negligence and NOT in simple, straight forward cases and in complicated cases, before issuing a notice to the doctor, The Consumer Forum has to satisfy itself that there is prima facie medical negligence by referring the case to the medical board with concerned specialists. Where expert opinion is needed the consumer fora can refer the case to civil court. There should not be “straight jacket approach” in getting expert opinion in all cases of medical negligence and the power of seeking opinion is vested with the consumer council.

Understanding, being, and doing of bioethics; a state-level cross-sectional study of knowledge, attitude, and practice among healthcare professionals.

The field of bioethics examines the moral and ethical dilemmas that arise in the biological sciences, healthcare, and medical practices. There has been a rise in medical negligence cases, complaints against healthcare workers, and public dissatisfaction with healthcare professionals, according to reports from the Indian Medical Council and other healthcare associations. We intend to assess the level of knowledge, attitude, and practice of bioethics among the registered healthcare professionals (HCPs) of Maharashtra, India. A State-level online survey was conducted among the registered HCPs (n = 2143) casing all five regions of the Maharashtra state using a pre-tested self-administered questionnaire. The responses were expressed as mean, and proportions with their standard deviation and 95% CI respectively. Binary logistic regression and a multivariate logistic model were used to determine factors associated with knowledge, attitude, and practice of bioethics. Of the 2143 registered HCPs in Maharashtra included in this study, most of them (65.2%) had adequate knowledge of bioethics. Adequate knowledge was associated with lower age, profession (nurses and dentists), employment in the private sector, HCPS at Marathwada and Pune, and higher educational attainment. About 3 in 5 HCPs (59.4%) had a favorable attitude towards the ethical practice of bioethics, and was associated with profession, place of work, region of practice, and work experience. The distribution of unethical bioethics practices among 10 items was proportionally high, and only 34.4% reported good/fair practice. The common unethical practices in the state were allowing patients to be examined by interns, and not informing them about professional misconduct to the regulatory bodies. Most HCPs had adequate knowledge of bioethics, which is encouraging and would favor the laying foundation for forming a good bioethics framework. Only 3/5 HCPs demonstrated a favorable attitude, and the observed unethical practice is alarmingly common. A serious consideration to evaluate the compliance level of bioethics practice periodically and measures to educate, sensitize, and train bioethics among HCPs in Maharashtra is warranted.

Doctors, FIRs, and Arrest in Alleged Medical Negligence Cases in India: Demystifying the Legal Tenability.

The relationship between a doctor and a patient is a contract, retaining the essential elements of the tort. Modern medical practice has evolved alongside the court of law to regulate the conduct of doctors and hospitals to reduce litigations of medical negligence. Lately, Indian patients have become more aware of their rights and the Consumer Protection Act. This awareness encourages patients to litigate and seek the help of redressal forums to mitigate their loss/injury in cases of medical negligence. Though there is a rise in complaints of medical negligence filed against doctors and hospitals, these allegations are often frivolous. The specter of litigation constantly looms over medical practitioners, who frequently struggle to defend themselves in a court of law, causing undue anxiety and anguish. Thus, a doctor can be considered the second victim in a medical negligence case. Lack of awareness regarding their legal rights and pertinent laws coupled with contradictory actions of the law enforcement agencies while handling alleged medical negligence cases worsens a doctor's trepidation. Hence, this article attempts to raise awareness among medical professionals, which will thereby allay undue fear while facing an allegation.

The Role of ADR in Resolving Disputes Related to Medical Negligence

In today’s fast-paced world, a rapid rise in instances of Medical Negligence has been observed since the last decade. Cases of Medical Negligence happen when healthcare practitioners like doctors, and nurses, or when any hospital deviates from its standard duty of care, the consequence of which results in harm and injury to a patient. Due to the failure of medical professionals to exercise due care, individuals and their families may pursue recompense for the injuries suffered as a result of the misconduct and negligence exhibited by doctors, nurses, or other healthcare practitioners. The disputes related to medical negligence are generally settled by the traditional justice system i.e., Litigation which involves appearing before the Hon’ble Court and having a Judge decide on a particular dispute in question. In light of the protracted and costly nature of our nation’s legal system, which often yields results that may not meet the parties’ desired outcomes, alternative dispute resolution (ADR) mechanisms, including arbitration and mediation, have emerged as prominent approaches for resolving medical malpractice disputes involving healthcare practitioners. These ADR procedures are currently considered as feasible alternatives to the extended and expensive litigation procedure. ADR mechanism enables disputing parties to let them resolve their disagreements outside the court in a more cooperative as well as efficient manner. A mediator is a neutral third party that encourages conversation between opposing parties and eventually assists them in reaching an equitable settlement agreed upon by both disputing parties. In contrast, a neutral third person, known as an arbitrator, participates in the arbitration court and listens to the evidence of the parties engaged in the dispute before making a binding judgment on the case’s conclusion.

Legal mechanisms and procedures in alleged medical negligence: A review of Indian laws and judgments.

Medical malpractice suits are quite common in developed countries leading to an increase in malpractice insurance. Recent trends indicate that India is at the cusp of a medical malpractice crisis. There has been a rise in medical negligence cases filed against doctors, though often the allegations are frivolous. In such cases, doctors can be considered as the second victim of medical negligence. Members of the medical fraternity do not learn much about law during their training and are often naïve regarding various options available to counter such cases as well as relevant legal doctrines. Doctors thus not only need to remain updated on medical knowledge and skills but also obtain knowledge of legal paradigms. We aim to raise awareness among doctors about handling negligence cases in various forums and share insights through relevant literature, court judgments and government orders. We also map the process of handling complaints, procedures followed in various courts and the different levels of remedies available for doctors.

Legal Responsibility for Medical Risks and Medical Negligence in The View of Health Law

This research examines legal aspects related to medical risk and negligence in the context of health law in Indonesia, especially after the ratification of Law Number 17 of 2023 concerning Health. Normative research methods are used, with a focus on examining legal principles, statutory regulations, relevant cases, and conceptual approaches in legal science related to medical negligence. The research results highlight that in criminal law, liability for medical acts deemed negligent depends on clear evidence of fault, in accordance with the principle "No punishment if there is no fault". This law specifically regulates criminal sanctions for health workers who are proven to have committed negligence that causes serious injury or death to patients, as regulated in Article 440. Medical risk is an inherent part of the practice of medicine, but medical negligence is defined as a deviation from the expected standard of care. This research also highlights the obligations of hospitals in providing safe and effective services in accordance with established standards, and their accountability for negligence that occurs, as regulated in Articles 189 and 193. Law Number 17 of 2023 also introduces a risk management system to prevent medical negligence, as well as the formation of a special assembly by the Minister of Health to resolve medical disputes, including allegations of negligence. This research underlines the importance of a comprehensive understanding of health law in medical practice and handling of medical negligence cases in Indonesia.

Medical Negligence with Special Reference to Act of Commission and Omission: A Narrative Review

A doctor’s failure to uphold the standards of his profession, causing the death of a patient whom the doctor hoped to save, is known as medical negligence. The most embarrassing act one can commit is medical negligence, which usually results in the patient’s death. Legally, medical negligence is a breach of the duty of care leading to harm. Lack of clinical competence can be interpreted as negligence. Indian courts decide cases of medical negligence based on the Bolam test. According to Black’s Law Dictionary, negligence is defined as “conduct, action, or omission, which may be declared as negligence without any argument or proof as it violates the dictates of common prudence”. The three cardinal elements in negligence are duty of care failure, failure to exercise duty of care (Dereliction), and causation of damage to the patient on account of dereliction. References to medical negligence can be found in classical texts such as Manusmriti, Kotilya Arthashastra, Charaka Samhita, Sushruta Samhita, and others. To mitigate medical negligence, various measures can be taken, such as improved communication, strengthening training and education, emphasising quality assurance, and legal reforms. The rapid development of medical science and technology has proven to be a powerful tool for doctors to better diagnose and treat patients, but it has also become a tool to exploit people for profit. Accurate information about negligence and its laws is needed as there is not enough data in this regard. To avoid medical negligence, practitioners should show strict adherence to modern surgical ethics, which also include concepts like the importance of informed consent, doctor-doctor relationship, doctor-patient relationship, doctor-state relationship, doctor-attendant relationship, attendantpatient relationship, and patient autonomy.

Delay and settlement: The disposition of medical negligence claims in Ireland

AbstractReflecting the international experience, statistics show that most medical negligence cases in Ireland settle. Less is known, however, about the duration of these cases, though anecdotal evidence suggests that they are protracted in nature. Procedurally focused reforms, aimed at reducing costs and facilitating more expedient resolution of these disputes have been proposed in Ireland, yet await implementation. As such, the pace of litigation is largely determined by the parties to the dispute. Drawing on the findings of an empirical study (an analysis of closed case files and qualitative interviews), this article explores two questions: first, how long do medical negligence cases take to resolve; and secondly, what contributes to delay in this context. Whilst causes of delay may vary by case, it is important to attempt to identify and explore common factors which contribute to delay. If these factors can be problematised and understood, possible solutions may be reached. In doing so, the article contributes to the debate on medical negligence reform across common law jurisdictions, evidencing the broader considerations, in addition to procedurally focused reforms, which are required when considering the issue of delay.

Investigation of Malpractice Claims Concerning Orthopedic Surgeons in Sari, North of Iran, 2015-2020

Introduction: Treatment failure and claims against physicians may have many negative consequences. Orthopedic surgeons have always been among the most used specialists. Therefore, the investigation of causes and the process of these claims can help reduce the negative effects of medical malpractice on physicians and society. Materials and methods: This retrospective study investigated all medical orthopedic negligence cases in Sari, Iran, from March 2015 to March 2020. Data were collected using a researcher-made checklist and analyzed in SPSS software (V-21). Results: Out of 57 finalized cases investigated in this study, surgeons were found liable in 23 (40%) cases. The mean ± SD age of patients was 41 ± 19.3. Moreover, the level of education had a positive correlation with the surgeon’s liability. The most common cause of complaint was reduced Range of motion (ROM) and the most common type of complained surgery was “open reduction & internal fixation” (ORIF). None of the surgeons were found liable due to surgical site infection or device failure. The mean ± SD time for the file processing was 11.1 ± 10.1 months. The mean indemnity payment was 320 million Iranian Rials (9.7% of indemnity for death in Iran). Conclusion: The most effective way to reduce medical complaint cases is to increase the knowledge and skill levels of physicians. The lack of a blinded arbitration system in both organizations could lead to bias in the case assessment process. Moreover, considering the long processing time of the claims, it is recommended that new technologies should be used to reduce the time and increase the accuracy of the final verdict. The absence of a ‘no-fault’ compensation program is a significant flaw in Iran violating patients’ rights. Also, more studies are needed to evaluate justice and equality in Iranian medical commissions.

From Gavalas to Tabet: Loss of Chance in Medical Negligence Cases — A Tale of Influence and Relevance

This case note discusses the availability of damages for loss of chance in medical negligence cases in Victoria. It analyses the case of Gavalas v Singh (‘Gavalas’), which provides a Victorian Supreme Court of Appeal authority on this matter. The author examines the impact of Gavalas on clinical medical practice and legal practice and how it influenced Victoria while it was good law. While the High Court in Tabet v Gett has departed from the Victorian Supreme Court of Appeal, Gavalas opened Victoria to actions for a loss of chance for a brief period. The author does not advocate for a change in the High Court’s ruling but aims to demonstrate the landmark nature of Gavalas and loss of chance in medical negligence cases. The author provides an overview of the Gavalas judgment and discusses the issues relevant to clinical medical and legal practice.

Medicolegal knowledge and its practice among physiotherapists in Maharashtra

Background: Physiotherapy is a modern science and an independent profession. Physiotherapists are expected to conduct professional practice according to the existing laws and follow the guidelines of the respective state councils. Awareness about patients’ rights is increasing, as are malpractice cases and as professionals who are in constant contact with their clients, physiotherapists need to safeguard themselves from a medicolegal perspective. Having appropriate knowledge of medicolegal aspects and practicing accordingly will protect them against legal damages while maintaining professional integrity. This study aimed to find the level of medicolegal knowledge and its practice among physiotherapists in Maharashtra. Methods: An observational, cross-sectional study was conducted in Maharashtra, India. A self-made, validated questionnaire was distributed online and 100 physiotherapists across Maharashtra, accessed via the convenience sampling method, were surveyed. The collected data was analysed using descriptive statistics. Results: The average knowledge was 50.38%, but the average correct practice was 71.86%. These findings showed that the physiotherapists were practicing according to basic knowledge and they needed to improve their knowledge of aspects such as the Maharashtra Act II of 2004, documentation, applicable laws and professional indemnity to practice with unquestionable protection against legal proceedings. Conclusions: Physiotherapists in Maharashtra have basic knowledge of the governing body and of the legal aspects of their profession. With medical negligence cases on the rise, they need to update themselves about the details to conduct a safe and efficient practice. This will enhance their professional competence and provide legal and financial security.

의료사고에 있어 과실범의 판단기준과 대응방안

Medical accidents are occurring frequently. This is a problem of negligence and there are many difficulties in proving it. Medical accidents are related to negligence offenders, and in some cases, the sentence is lighter than intentional offenders or there are no regulations at all. For such medical accidents, the victim or the victim's family may suffer damage that they do not need to suffer, which may not only be mentally difficult, but also difficult to prove. On the other hand, from the standpoint of medical staff, if criminal punishment for medical accidents is strengthened, it is not easy to strengthen criminal punishment as it can be passively treated.
 In recent years, a series of serious medical negligence cases have led to a lot of discussions on the prevention of this and criminal responsibility for medical personnel, and cases of medical negligence are often leading to criminal cases.
 In recent years, it is pointed out that even if criminal responsibility is removed for medical negligence, the prevention effect of medical accidents does not improve the quality of medical care, and for example, it does not function as a normal medical system by reducing emergency medical care and passing on patients.
 Meanwhile, medical malpractice cases in the United States are often not subject to criminal punishment. However, even in the United States, criminal prosecutions for medical negligence have not been carried out at all, and in particular, medical negligence cases seem to be on the rise recently. Although the number of medical malpractice cases has been on the rise since the 1980s, it seems to be quite small compared to Japan. However, in the United States, in addition to the punishment for medical negligence, there are various systems including sanctions, which cannot be simply compared with Japan.
 As mentioned above there are many cases of medical negligence, but an in-depth discussion is needed on the issue of criminal responsibility for this. Since the U.S. and Japan also have different systems of negligence, it is thought that it will be meaningful to review the criteria for judging medical negligence and countermeasures. Therefore, in this paper we reviewed what the criteria for judging negligence in the United States and Japan are and how they respond to medical negligence.

An Assessment Of The Ethical And Legal Dilemma In The Practice Of Anaesthesiology: The Nigerian Perspective

The practice of medicine intersects with the legal system in two important ways. The ethical code establishes the framework of permissible conduct, through regulation, while the legal system provides patients and other entities recourse when these regulations are breached. Anaesthesia is a branch of Medicine and Anaesthesiologists care for patients at the extremes of health and illness, frequently employing life-sustaining technologies and procedures to restore health. Patients have widely recognised right to reject life-sustaining procedures that may be in conflict with the tradition of physician paternalism and authoritarianism derived from virtue-based ethics. This naturally leads to high expectations among the general public from the Anaesthesiologists. In the past, patients used to subject themselves to surgery after signing a simple willingness form, but in the present scenario, if any catastrophe occurs, it grabs news headlines, negligence is suspected by the general public. There has been a rising trend in medical negligence cases that the services provided by an anaesthesiologist come under the apprehension standard of care, protocols by which anaesthesiologists should abide to avoid legal consequences. This paper examines emerging ethical issues since the establishment of anaesthesia as a branch of medicine. The paper adopts the doctrinal methodology of research by examining primary and secondary sources related to the discourse. The paper further recommends adequate medical information by way of educating patients on their rights before any medical procedure among others.

Professional indemnity/medical malpractice insurance—Awareness among medical students and consultants of India: An online survey study

Abstract Introduction: Professional indemnity (PI) or medical malpractice insurance (MMI) has been a hot topic considering the increasing number of medical negligence cases rising worldwide. However, there is a palpable difference in understanding and usage of this tool in developed countries and regions such as India. Aim: This study aimed to analyze the general understanding of resident doctors and consultants about MMI and knowledge about its technical jargon. Materials and Methods: We distributed short Google Form questionnaires about various aspects of MMI. We recorded the data from 141 resident doctors and 42 consultants in the Navi Mumbai area of India. As it was a survey, we required no ethical review. Results: As consultants’ experience grew, so did their understanding of medical indemnity. Approximately 90%, 64%, and 22% of consultants with 10 years, 5–10 years, and 5 years of experience had acquired PI. The AOY:AOT (any one year:anyone time) ratio was known to just 35% of these specialists. About half of the resident doctors were aware of PI and the effects of medical specialization on PI. Around a fifth of the individuals had only acquired the PI. Conclusion: There needs to be more clarity between the need and knowledge of MMI in India. This needs to be addressed by teaching medical postgraduates about it during training. “There should be special emphasis on medical indemnity in terms of its need, clauses, and cost during postgraduate medical training.”

The History of Medical Ethics in India

The History of Medical Ethics in India

Medical Negligence Dispute in Malaysia: Choosing Mediation as the Best Constructive Approach to Address the Paradoxes in Medical Negligence Claims

Abstract In professional negligence the most challenging and arduous is medical negligence, which consists of various claims. Medical negligence will usually involve doctors and other medical practitioners. In medical negligence the claimant is allowed to bring a personal injury claim to a court which has the jurisdiction under adversarial system. However it is evident from reported cases that medical negligence claims were mostly unsuccessful. The reason lies on the notion of the burden of proof, which cast a heavy burden on the plaintiff according to the fault system. In medical negligence claims, plaintiffs will more often than not, find it very difficult to discharge their burden of proof. In most countries, professional negligence claims are recommended to be dealt with by way of mediation under Alternative Dispute resolution (ADR). Mediation is believed to be easier than litigation and is less complicated. Malaysia is among those countries which has enhanced significantly the utility of ADR. This paper will endeavour to address the problems in proving medical negligence cases by using one of the strongest tools of ADR which is mediation.