Medical Negligence and the Law in India: Duties, Responsibilities, Rights

Hardcover | December 1, 2009

byTapas Kumar Koley

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Medical malpractice, perceived and actual, especially in the current environment of fast paced technological advances, is among the most critical health issues in India today. Related litigation has been increasing year by year, especially since the coming into force of the Consumer ProtectionAct. 1986. This book provides a comprehensive and detailed survey of the law under the Consumer Protection Act, the law of torts, as well as the Penal Code. It explains how the law operates in the country in the background of increasing doctor- patient conflict and rights consciousness amongpatients, the ignorance of doctors about law, and the complex problems faced by doctors in public hospitals. It analyses all major cases to date. In parts it addresses doctors in particular and provides guidelines and check lists to help them avoid charges of negligence. It throws significant lighton issues relating to medicine and ethics, the duties of doctors, the rights and responsibilities of patients, defences available to doctors, likely areas of litigation in individual medical specialities and types of surgery, and the 'consent' of patients. The book also examines relevant law andcases from other countries.

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Medical malpractice, perceived and actual, especially in the current environment of fast paced technological advances, is among the most critical health issues in India today. Related litigation has been increasing year by year, especially since the coming into force of the Consumer ProtectionAct. 1986. This book provides a comprehensi...

Tapas Kumar Koley is Specialist Physician at Tilak Nagar Colony Hospital in Delhi. He is a resource person of the National Institute of Health and Family Welfare for training doctors on issues relating to medical negligence. He has been teaching medicine at public institutions, including Bara Hindu Rao Hospital for more than ten years...
Format:HardcoverDimensions:448 pagesPublished:December 1, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198063474

ISBN - 13:9780198063476

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Table of Contents

1. Introduction2. Cause and Effect of Doctor Patient Conflict3. Rights and Responsibilities of Patient4. Medical Negligence and Civil laws5. Doctor Patient Relationship and Informed Consent6. Compensation Based on Law of Torts7. Consumer Protection Act and Medical Profession: Selected Provisions of the Act8. Procedure Adopted by Consumer Forum for Medical Negligence Case: Rules and Regulations9. Defence of the Doctor10. Liability of Medical Professionals under Criminal law11. Prevention of Malpractice Litigation12. Malpractice Litigation in Obstetrics and Gynaecology13. Litigation in Surgery14. Litigation in Anaesthesia15. Medical negligence in Medicine16. Litigation in Miscellaneous Disciplines of Medical ScienceAppendix: Statistics and Studies on Medical Services and Malpractice Suits