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CHANAKYA NATIONAL LAW UNIVERSITY

Subject: Health Law

Topic: Medical Negligence and Tortuous Liability

SUBMITTED TO:

Mr. Kumar Gaurav

SUBMITTED BY:
Sanni Kumar
Roll No.- 454
Xth Sem. B.A.LL.B(hons.)

CONTENT

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Introduction
Meaning of Medical Negligence
History of Medical Negligence
Medical Negligence and its elements
Negligence as tort
Grievance redresser mechanism under Torts
Conclusion
Bibliography

RESEARCH METHODOLOGY

Research Methodology is a systematized investigation to gain new knowledge about the

phenomena or problems. Legal phenomena require their own research methodology. The
methodology used for the research is descriptive doctrinal method. The researcher has made
use of analytical methods throughout the course of this paper. The source of data has been
confined to secondary sources. Researcher has relied significantly on books, journals,
commentaries related to medical negligence and information available on the internet.
Keeping the objectives in mind, material was collected with the help of different books and
then it was compiled to make the theoretical part of the project.

ABSTRACT

The service which medical professionals render to us is the noblest. Aryans embodied the rule

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that, Vidyo narayano harihi.1Medical profession is considered as a most pious profession all
over the world. A doctor is placed only second to Almighty God. He enjoys a position of an
Angel. Patient feels a divine image in him. The medical profession is one of the noblest
professions in the world. However, corporatisation and commercialization of medical
profession has made it like any other business and the medical profession is increasingly
being guided by the profit motive rather than that of service. Such a situation gave rise to
unethical practices and negligence. Therefore, if there is a rashness or negligence on the part
of the doctor while treating a patient he is being made liable under the tortuous liability on
ground of Negligence.
Medical negligence is considered to be part of negligence. Before discussing medical
negligence it would be in order to understand the concept of negligence. A shorter definition
is that negligence as a tort is the breach of legal duty to take care which results in damage,
undesired by the defendant to the plaintiff.
The paper is prepared for certain objectives, those are:

What is the meaning and concept of Medical Negligence?

What are the causes of Medical Negligence and its essential elements?
How medical negligence covered under the Consumer Protection Act, 1986?
Important case laws related to medical negligence?

1 Which means doctors are equivalent to Lord Vishnu