Pathi Hrudaya Reddy, Symbiosis Law School, Hyderabad
ABSTRACT
Public health is of utmost importance to any nation. Medical institutions play an indispensable role in fulfilling the needs and requirements of citizens who are in need of proper health care. Medical practitioners contribute extensively to improve the functioning and quality of citizens’ lives. Woefully, medical negligence has become one of the main reasons for many people having suffered for long term or even losing lives due to the same. It is to be acknowledged that dereliction of any medical practitioner can lead to unpropitious effects on patients. Every doctor has an obligation to treat patients with utmost care and diligence. If he fails to do so, it might lead to loss to the plaintiff and the plaintiff has right to bring action against the doctor for the harm caused.
The paper focuses on whittling down the facts and judgments of the case ‘Sandhya Srivastava v. Dr. Neelam Mishra’ and provides own view and analysis on the case law by explaining medical negligence, its types and it’s history. The paper also throws light on the topic of contributory negligence while interpreting the case law ‘Sandhya Srivastava v. Dr. Neelam Mishra’.
Keywords: Medical Negligence, Public health, duty of care, court, profession, obligation.
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