- The Pacemakers

24 Dec 2023
Dr. Raj Shekhar Yadav
Health Awareness
Last Edited 29 Dec 23

Eminent jurists and leading judgments have assigned various meanings to negligence. The concept as has been acceptable to Indian jurisprudential thought is well-stated in the Law of Torts, Ratanlal & Dhirajlal (Twenty-fourth Edition 2002, edited by Justice G.P. Singh). It states,

"Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.

Also read- Five Sections of Indian Penal Code Every Doctor Must Know

The definition involves three constituents of negligence:

(1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former's conduct within the scope of the duty;

(2) Breach of the said duty; and

(3) Consequential damage.

Cause of action for negligence arises only when damage occurs; for, damage is a necessary ingredient of this tort."

Also read- Medical Record Keeping : Do’s & Don’ts

As per Consumer Protection Act and Medical Profession by M.K.

Balachandran, Department of Consumer Affairs, Government of

India, in association with Indian Institute of Public Administration,

New Delhi, the duties of a doctor are:

01. To exercise a reasonable degree of skill and knowledge and a

reasonable degree of care;

02. To exercise reasonable care in deciding whether to undertake the

case and also in deciding what treatment to give and how to

administer that treatment;

03. To extend his service with due expertise for protecting the life of

the patient and to stabilize his condition in emergency situations;

04. To attend to his patient when required and not to withdraw his

services without giving him sufficient notice;

05. To study symptoms and complaint of the patient carefully and to

administer standard treatment;

06. To carry out necessary investigations through appropriate

laboratory tests wherever required to arrive at a proper diagnosis;

07. To advise and assist the patient to get a second opinion and call a

specialist if necessary;

08. To obtain informed consent from the patient for procedures with

inherent risk of life;

09. To take appropriate precautionary measures before administering

injections and medicines and to meet emergency situations;

10. To inform the patient or his relatives the relevant facts about his

illness;

11. To keep secret the confidential information received from the

patient in the course of his professional engagement;

12. To notify the appropriate authorities of dangerous and

communicable disease.

Also read- Dealing with Pharmaceutical Companies : Do’s & Don’ts For Doctors

Twelve Duties of Doctors Towards Their Patients

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