Test for establishing medical
negligence
·
The doctor is
required to exercise the ordinary skill of a competent doctor in his field. He
must exercise this skill in accordance with a reasonable body of medical
opinion skilled in the area of medicine.
·
According to the
Bolman test, negligence is the genus of which rashness is the species.
·
The latest trend of
prosecution of the doctors, the term criminal negligence has come to light,
which means recklessly acting without reasonable caution, hurting another
person at risk of injury or death by negligence.
·
This applies to a
medical practitioner when he shows gross negligence in his treatment, boding to
severe injury or even death. He should not be held liable criminally for the
patient’s death unless his negligence shows such regard for the life and safety
of the patient as to amount to a crime.
·
The most important
criterion is the degree of negligence required to prosecute them under the
charge of criminal negligence, which should be gross or even high degree.
·
The jurisprudential
concept of negligence differs in civil and criminal law. Negligence which is
neither gross nor of a high degree may provide a ground for action in civil law
but cannot form the basis for prosecution in criminal law.
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