Definition Of Negligence In Criminal Law

Negligence is a term of art, but has different meanings in different jurisdictions. In ‘Tort’, damage is an essential ingredient but that element is not necessary in master servant relationship. In criminal law, there are channels of offences based on negligence in which loss or injury is immaterial; it is enough if the act is likely to cause injury or endanger life. Operating a patient without consent is an example of negligence even without actual damage. Dictionary meaning of term ‘Negligence’ is ‘Lack of Proper Care’. The term negligence defined by Baron Alderson negligence means: “Omission to do something which a reasonable man guided by that consideration which regulate conduct of human affairs would do, or doing something which a reasonable

Negligence can be termed as an act or omission or a breach of duty by a man of ordinary prudence guided by some principles relating to human affairs which a man of ordinary prudence would not do.

Negligence by Professional

Professionals like Lawyers, Chartered Accountant or doctors are persons having expertise over a particular thing and have specialized knowledge about it and also have the requisite qualifications to profess that profession with reasonable care and

There are three main requisites for the liability of medical negligence.

a. The duty to take care,

b. The failure maintain standard care as prescribed by the law and thereby committing a breach of such duty and

c. Occurrence of Damage.

Duty of Care

The word ‘duty’ can be conceptualized as a relationship between two parties, in which one party has some obligations to take reasonable care of the other party. There are certain duties which a person owes when he holds himself out to give medical advice and treat other patients. Those duties are;

1. A duty of care in understanding the case and giving proper advice.

2. A duty of care in deciding what kind of treatment has to be given.

3. A duty of care to administer that treatment and to maintain standard level of caution in that treatment.

Here the standard of care and skill are to be construed in a narrow sense a person need not possess very highest level of skill or very low level of skill, it should be reasonable average.

Proof of