 Itdeals with the moral principles that guide

the members of medical profession, when

they deal with each other, their patients as
well as with the State.

2
 RMP has duty to exercise reasonable carefulness
to avoid damage to his patient.

 Failing
this he is answerable for the damage and
has to compensate his patient.
 Medical Negligence is a civil wrong.

1. Failing to do something which one is

supposed to do (act of omission)

2. Doing something which one is not

supposed to do (act of commission)
 Side effects and complications,
which are associated with medical investigation
and treatments, may occur in spite of the best
efforts,
Such situation should not be included in the list
of professional negligence.
 Normally rests on the patient
 Except in cases covered by Res Ipsa
Loquitur
 means that things speak for it.
 Insuch cases the burden of proof shifts
from the patient to the medical practitioner
to prove that he is not negligent.
 Metallic instrument left in the abdomen
after surgery to initiate reaction or disease
 Live electric cautry left unattended on the
skin of the patient to burn it.
1. Civil negligence / malpractice
2. Criminal negligence
3. Contributory negligence
4. Third party negligence
 Results from lack of carefulness in the
administration treatment.
 Extraction of a healthy tooth instead of
diseased one.
 Failure to X-ray fractured part.
 Failure to give anti tetanus vaccine
following an injury causing disease to the
patient
 Failure to do essential diagnostic tests
 Promises 100% cure
 Giving injection at wrong site/route
 Failure to count swabs after an operation
 Failure to provide proper pre / post
operative care.

 Such a case is brought before a civil court

for compensation in terms of money.
 Results from gross and wicked recklessness on
the part of medical practitioner, showing
absolutely no regard for the safety of the
patient's life and in such cases the patient
usually dies.
 The case is brought before a criminal court for the
award of punishment, e.g,

 Over anesthetizing of the patient by an addicted

Anesthetist solely to satisfy himself,

 Leaving of the patient unattended after opening the

abdomen by a surgeon to meet a friend or relative of
patient to negotiate fee.

 Operation on the wrong organ / side of the patient.

 Too tight plaster cast resulting in gangrene of
foot / toe.
 Giving wrong Blood
 Criminal abortion

 Such an attitude on the part of medical

practitioner would result in death of his patient
and is not Forgivable.
 Itis negligence by patient and does not carry out
the medical instructions,
 Resulting in injury, delayed recovery or death of
the patient.

 The burden of proving such negligence rests

entirely on the doctor.
 Carelessnesson the part of paramedical
staff may damage the patient.
 Medical information about the patient is confidential and
should be kept in safe areas of hospital under direct
control and supervision of medical practitioner away from
public.

 Disclosure of patient’s secrets can lead to legal action in

civil suits against medical practitioners.
 Privileged communication is the disclosure of
patient’s information to agencies or persons who
qualifies to receive it

 It is considered justified in the eyes of law

 Allofficial notifications of birth, death or disease
(industrial, infectious or contagious) are
examples of qualified privilege.

 Courts of law and parliament of country has

absolute authority to receive such information
falling in category of Absolute privilege.
 Medical prescription
 Medical certificate
 Medical report
 Medical notification
 is
a direction of the medical practitioner to
the pharmacist through his patient for
dispensing of medicine in the way
indicated in it.
 It is communication between two
professional colleagues.
 It is accepted in the court of law.
 Itis the complete and fullest medical
information about the physical /
psychological state of individual assessed
after his physical examination and
necessary investigations whether healthy
or diseased.