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Medical Negligence: Indian Legal Perspective




Ragini Kandhari, Fairfield Institute of Management and Technology


ABSTRACT


A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. After all there is a fiduciary relationship between both of them. Medical Negligence cases are quite common in developed countries leading to an increase in malpractice insurance. This paper describes and it throws light on the current circumstances regarding medical negligence prevalent in India and their available laws.


Keywords: Medical Negligence, Medical Treatment, Fiduciary Relationship

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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