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Tax4india ›› Indian Law ›› Consumer Rights ›› Medical Negligence
Medical Negligence Act
Duties Owed By The Medical Practioner
In general, a professional man owes to its client a duty in tort as well as in contract to exercise reasonable care in giving advice or performing services. Medical practitioners from all fields of medicine such as Allopathic, Homeopathy, Naturopathy can be liable under the Consumer Protection Act. Duties which a doctor owes to his patient are clear.
- A duty of care in deciding whether to undertake the case,
- A duty of care in deciding what treatment to give.
- A duty of care in the administration of that treatment.
- A breach of any of these duties gives a right of action for negligence to the patient.
The practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence judge in the light of the particular circumstances of each case is what the law requires.
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