Today is our topic of discussion Malpractice Professional Negligence
Malpractice Professional Negligence
Definition:
Professional negligence/malpractice is defined as ‘absence of reasonable care and skill. or willful negligence of a medical practitioner in the treatment of a patient which causes bodily injury or death of the patient’. Malpractices are two types ni otoob diw sto
- Civil malpractice
- Criminal malpractice
Civil Mal-Practice:
It is a form of negligence in which a patient brings an action against his medical attendant for injury or damage caused to him as a result of breach of his legal duty to exercise skill & care, i.e. his professional duty necessary in the circumstances of the case. Examples-
- Failure to obtain informed consent
- Making a wrong diagnosis, due to absence of skill or care
- Not to advice an X-ray in a possibility of fracture or presence of a radioopaque FB in the wound
- Not reading the X-ray film correctly
- Failure to provide a substitute during his absence
- Failure to give proper post-operative care doogilgan oft es bonitab ilmoi
- Failute to examine the patient himself not aldianogan
- Failure to advice ATS in case of injury causing tetanus
Criminal Mal-Practice or Criminal Professional Negligence:
It is a form of negligence in which the doctor/health care provider exhibits gross lack of competence, gross inattention, criminal indifference to the patient’s safety, or gross negligence in the selection & application of remedies. To be criminal the negligence must be wilful, wanton, gross or culpable. Examples –
a. Amputation of wrong finger or operation on wrong limb or of wrong patient
b. Leaving instruments, gauze piece etc. in the abdominal cavity
c. Performing criminal abortion
d. Administration of wrong substance into the eye causing loss of vision.
Pre-requisites for proof of negligence:
A person who alleges negligent medical malpractice must prove four elements-
1. A duty of care was owed by the physician
2. The physician violated the applicable standard of care
3. The person suffered a compensable injury
4. The injury was caused in fact and proximately caused by the substandard conduct.
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