Overview for Law Relating to Medical Negligence
Medical errors have always occurred over the years. As a result this law has been formulated. The claims for medical negligence have always been maintained. The cases of negligence are through civil, criminal and consumer courts. This textbook on law of medical negligence consists of 21 chapters in 5 parts, â€“ chapters dealing with negligence, professional negligence, English and Indian law on standard of care required by professional, pre and post-operative care, consent and its implications, the liability of hospitals including vicarious liability for negligence of its staff, State liability and the theory of sovereign immunity, liability of other professionals including legal practitioners and chartered accountants, liability of blood banks, pathological laboratories and diagnostic centres are given in 1st part. The defences available and the defencews not available are exhaustively discussed in two chapters 10 and 11. The â€˜Remediesâ€™ available to consumers in case of negligence by medical professionals through civil, criminal and consumer courts including remedies in public domain, the â€˜procedureâ€™ applicable in civil, criminal, consumer and High courts including Lok Adalats and â€˜Burden of proofâ€™ are discussed in three chapters in part 2. Third part deals with the concept, principles of assessment of compensation and illustrative case law. Part 4 under the head â€œMiscellaneousâ€, deals with the topics â€“ â€˜liability of drug manufacturers, medical shops, the right to practice modern medicine and Indian medicine referring to relevant statutory provisions, medi-claims, professional indemnity insurance, unfair trade practices, unqualified practitioners, and â€˜frivolous or vexatious claimsâ€™. Discussion covers the subject of Tele-medicine and cyber-medicine also. In chapter 20, in part 5 exhaustive case law on the liability of medical practitioners â€“ speciality wise â€“ Aneesthetist, Cardiac Surgeon, Dentist, Dermatologist, ENT-Surgeon, Nephrologist, Optholmologist, Obstetrician, Oncologist, Orthopaedician, Paediatrician, Physician and surgeon etc. are discussed in detail giving necessary facts. In Chapter 21, the facts of important judgments of Supreme Court and House of Lords are given in detail along with the ruling in brief. Thus, the book contains all the possible legal aspects touching the medical professionals and Hospitals quoting the authorities of eminent English authors and judges. Judgments of Privy Council, House of Lords and Courts of Appeals of U.K., which became the foundation for development of Indian law of medical negligence, are discussed. Judgments of courts of U.S.A., Newzealand are also referred to.
Y. Venkateswara Rao (Author)
Enrolled As Advocate in 1958 at the age of 21 yrs, having passed Bar council exam with high rank. Joined A.P. State Judicial Service inj 1962, and worked in different capacities-for three and half decades; Promoted to A.P. Higher Judicial service in 1983; worked as District and Sessions Judge for more than 14 years and retired as Chairman Sales Tax Appellate Tribunal. Also worked as Regional Legal officer, Food Corporation of India and Ad-hoc Claims Commissioner, Railways, Govt. of India, on deputation. Worked as President of District Forum for about 4 years; presently practicing in High Court of Andhra Pradesh on civil, criminal, tax and service matters-on original as well as appellate side. Has experience of more than 47 years in legal field. Specialised in cyber laws, consumer laws and professional negligence. Authored Law books: Commentary on Prevention of Food Adulteration Act (Telugu); Commentary on Consumer Protection Act (English & Telugu); Consumer Protection Act with short notes (English) and Common manâ€™s Guide to Consumer Protection (English & Telugu. Published Articles in Law Journals â€“ All India Reporter, Andhra Legal Decisions, Andhra Weekly Reporter, Consumer law Reporter, Consumer Protection Judgments, The Hindu, Indian Express, Times of India, Eenadu etc. Prepared course modules for Department of consumer affairs, A.P. Training programs for Presidents and members of District Forums; Trainersâ€™ training Manual.