For more Info visit www.healthlibrary.com "What is Medical Negligence" by Dr. Ghazala Shaikh held on 23rd Mar 2016. Public awareness of medical negligence in India has increased but the 'term' is till misunderstood by the common man. Its medical negligence is needs to be explained and understood in legal perspective and merits of the case has to be find out by the medico legal consultants.

1. Medical Negligence
Public awareness talk
By
Dr. Ghazaala Shaikh

2.  Consumer Protection Act, 1986

3. Elements of Negligence
 Legal duty to take care
 Breach of duty
 Damage /Injury caused

4.  Implied Undertaking

5. Criminal Negligence
Section 80 & 88 IPC ( Indian Penal Code)

6. Burden of Proof
Complainant
Expert witness

7.  Civil (Tort)
Consumer court…….Compensation
 Criminal Negligence
Police….FIR…reference to Medical Board for
opinion

8.  Standard of Care
( reasonable physician of ordinary skill
and knowledge)

9.  Qualification and Experience
 Quack…Negligence per se

10.  Error of Judgment
Lord Denning said, “ we must say and say it
firmly that, in a professional man, an error of
judgment is not negligence.”
 Mistake
Degree of care must be proportionate with
magnitude of risk.

11.  Informed Consent
Shared Decision-making
Patient’s right of self determination
and authority

12.  Medical Records
 Professional standard of disclosure
 Patient’s oriented disclosure

13.  Prevention of Medical Negligence cases
Code of ethics
Vigilance and up to date knowledge
Adequate monitoring
Pre and post operative rounds
Prevention of defensive medicine
Good patient doctor relationship

14.  Thank You