Medicolegal
Update
(Dr Sudhir
Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)
Bolam Vs. Friern Hospital
- 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 Bolam 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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