UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

B.COM,LLB(HONS.)

SEMESTER II

ACADEMIC YEAR: 2014-2015 SESSION: AUGUST-DECEMBER

SYNOPSIS

ON

MEDICAL NEGLIGENCE
FOR
LAW OF TORTS

NAME: ISHANK RANJAN

SAP NO: 500055540

ROLL NO: 39
 SYNOPSIS

Statement of problem

Medical law and health law are the subject matter of this study. Medical negligence is a branch of
medical law and covers all medical activity on the view of carelessness or rashness. The aim of this
thesis is not to study the legal aspects of medical activity but it is concern all about conduct. It
means that this paper is about the conduct of medical players via; physicians, nurses, hospitals and
any permitted person who is engaged in medical service. For example, the study does not analyze
Health Service Act or Organ Transplant Act but it attempt, to investigate the process of knowing the
medical service or the process of transplantation of an organ. The research is based on the
description of medical conduct or the quality of action. In this context, negligence may be
considered as an adjective for a conduct. So the main attempt in this research, in accordance to
Indian law, is introducing and explaining of what negligence is and how a conduct may be
considered having negligence character.

Medical negligence is the failure of a medical practitioner to provide proper care and attention and
exercise those skills which a sensible, qualified person would do under similar circumstances. It is a
commission or omission of an act by a medical professional which deviates from the accepted
standards of practice of the medical community, leading to an injury to the patient. It may be
defined as a lack of reasonable care and skill on the part of a medical professional with respect to
the patient, be it his history taking, clinical examination, investigation, diagnosis, and treatment that
has resulted in injury, death, or an unfavorable outcome. Failure to act in accordance with the
medical standards in vogue and failure to exercise due care and diligence are generally deemed to
constitute medical negligence.

Literature review

1. Medical Negligence -Book by Prof. Michael A. Jones:

The author Provides a detailed overview of the Medical Negligence this book addresses
contentious issues

2. The Law of Torts B.S. Markesinis ; S F Deakin :

The authors provide an introductory knowledge to Medical Negligence.
3. Medical Malpractice : A Comprehensive Analysis Vasantakumar N. Bhatt

The author provides brief description about Medical Negligence its causes damages compensation
available

Identification of issues
1 What are the consequences of creating medical negligence ?
2. What compensation can be claimed if medical negligence occurs ?

Objective and scope

The objective of doing the project is to enlighten the readers about the medical negligence. The
scope of the project is limited to its meaning, ways of committing medical negligence and the
compensation available

Research and Methodology

The methodology adopted for this project is doctrinal in nature. The project makes use of various
books, websites, online newspaper, journal, commentaries as well as case law. Mainly online source
has been adopted to conduct research for consequences of medical negligence. The arguments and
information advanced through them have been analysed in succeeding section of paper.

Probable outcome

The outcome of this project will enable the readers to know the results of committing medical
negligence and will enable us and help us to analyse the fact that the consequence of committing
medical negligence.