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Medical Negligence


Introduction

Professional negligence or medical negligence may be defined as want of reasonable degree of care or skill or willful negligence on the part of the medical practitioner in the treatment of a patient with whom a relationship of professional attendant is established, so as to lead to bodily injury or to loss of life.

Consumerism is now firmly established in the medical practice and the notion that blame may be attributed and compensated has a high priority

Definition

Who is a consumer?, What is a service?, What constitutes deficiency?

A consumer is any person who hires or avails of any services for a consideration, and includes any beneficiary of such service other than the person who hires or avails of the service, when such services are availed of with the approval of the first mentioned person.

Service means service of any description which is made available to the potential users, but does not include rendering of any service free of charge or under a contract of personal service.

Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance, which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.



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