ipl-logo

Negligence In Criminal Law

3226 Words13 Pages

YES! People make mistakes,its called being human.Men are given the nature of human,because there is a reason god is called the almighty.Since no man is perfect in this world ,it is evident that a person who is skilled and has knowledge over a particular subject can also commit mistakes during his practice. It is very difficult to define negligence;however,the concept has been accepted in jurisprudence . Negligence by doctors has to be determined by the judges who are not trained in medical science.They rely on experts’ opinion and decide on the basis of basic principles of reasonableness and prudence.This brings into a lot of subjectivity into the decision and the effort is to reduce it and have certain objective criteria .This may sound simple …show more content…

Every act of negligence by the doctor shall not attract punishment .Slight neglect will surely not be punishable and ordinary neglect,as the name suggests,is also not punished.If we club these two,we get two categories:negligence for which the doctor shall be liable and that negligence for which the doctor shall not be liable. The liability of the doctor shall be civil or criminal or both. One of the essential elements in criminal law is mens rea – the guilty mind or an evil intention. The question arises as to whether in cases of medical negligence – whether slight, ordinary or gross – is there any criminal liability? As mens rea is essential, it is difficult to argue that the doctor had a guilty mind and was negligent intentionally. This has been the main argument in most of the cases in which the decision was to decide about the criminal liability.it is difficult to come to a conclusion as to who’s fault is was,whether it was the doctors fault or the hospital staff’s fault. The law, like medicine, is an inexact science. One cannot predict with certainty an outcome of many cases. It depends on the particular facts and circumstances of the case, and also the personal notions of the Judge concerned who is hearing the case. However, the broad and general legal principles relating to medical negligence need to be …show more content…

Even after adopting all medical procedures as prescribed, a qualified doctor may commit an error. The National Consumer Disputes Redressal Commission and the Supreme Court have held, in several decisions, that a doctor is not liable for negligence or medical deficiency if some wrong is caused in her/ his treatment or in her/ his diagnosis if she/ he has acted in accordance with the practice accepted as proper by a reasonable body of medical professionals skilled in that particular art, though the result may be wrong. In various kinds of medical and surgical treatment, the likelihood of an accident leading to death cannot be ruled out. It is implied that a patient willingly takes such a risk as part of the doctor-patient relationship and the attendant

Show More
Related
785 Words | 4 Pages

After reading this case I was terribly shocked about the fact that something like this could happen in our medical history. I couldn’t believe how a patient could be neglected so much. Based on the material that we have learned the lack of ethical theory of deontology in Dr. Evan was disturbing. As a doctor Dr. Evan’s role is to care for patients, keep them away from harm and prolong their life. Though in the trial he stated as if he didn’t care.

Read More
639 Words | 3 Pages

It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.

Read More
579 Words | 3 Pages

In this situation there are key ethical and legal situations that arise from the treatment and transportation of Craig. As the police are now involved the paramedics have better assistance with the legal side of restraint however the ethical issues remain import and need to be managed correctly. The first issue raised is the physical restraint of the patient, even thought the police are present the paramedics could take a different approach to avoid the use of physical restraint. It could be argued that the physical restrain is necessary in this situation as the patient could be a danger to himself or others.

Read More
1039 Words | 5 Pages

This court case is based off the legal concept of Negligence. Negligence is defined as “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act” (Negligence). Negligence is at the heart of every trail especially when dealing with sports related trials. Article #1

Read More
196 Words | 1 Pages

In many cases of negligence bad practice takes in place that are intentional for someone’s financial gain, but in other cases it could be the lack of communication. Many patients face misdiagnosis and treatment from their nurses or doctors and it leads into an unintentional commission. 34- year- old Kim Tutt was healthy and doctors informed her that she had three to six months to live due to jaw cancer. Tutt went ahead with the surgery to get the cancer removed from the left side of her chin to behind her right ear and replaced it with the fibula from her leg. She has children of the ages 10 and 12 years old and wanted to spend as much time that she could in their lives.

Read More
1368 Words | 6 Pages

Health Care Law: Tort Case Study Carolann Stanek University of Mary   Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.

Read More
1047 Words | 5 Pages

With regards to Dr. Holly Thomas there could be no any negligence could occurred if she “acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” . It doesn’t matter if some other GP’s would have acted differently, as ‘a doctor is not negligent, if he is acting in accordance with such a practice, merely because there is a body of opinion that takes a contrary view’ . An error in diagnosis is not negligent as per the view in Whitehouse v Jordan , provided that a body of another GP’s would have acted similarly however in this scenario is unlikely because the junior doctor has prescribed incorrect antibiotics and anti-infection

Read More
767 Words | 4 Pages

Truly, there has been hesitance with respect to the judiciary to discover specialists blameworthy of medical negligence. This may due to the mindset of doctors should be shielded from being charged under medical malpractice. This was demonstrated in Hatcher v Black, where Lord Denning, who is regarded as a well-kenned adherent of the medical vocation, described negligence as

Read More
541 Words | 3 Pages

There were specific situations that led to the cause of Julie Thao's actions of medication error and the death of Jasmine. The situation could have completely been avoided had Julie followed the code of ethics and avoided shorts to provide proper care for the patient. The state claimed that Thao's mistake was caused by actions, omissions and unapproved shortcuts, however, there were other factors that played a role in her carelessness as well. While failure to comply with procedure has been a factor in the medication administration error, other factors contributed as well. For example, failure to properly use the information system, or to ignore alerts or warnings have also resulted in preventable errors (Nelson, Evan, & Gardener, 2005).

Read More
1901 Words | 8 Pages

After determining whether duty of care exists, the following question would be whether there is a breach of duty by Dr. Jones. To prove that there is a breach of duty, proof of the defendant falls below the expected standard of care is essential. The Bolam case once again could be applied here to determine the standard of care of

Read More
2239 Words | 9 Pages

Introduction Negligence Negligence occurs if someone suffers harm, and the person who causes such harm does so through carelessness. For example, Mr Harley, a blind man tripped over a long-handled hammer which had been left near a hole in the pavement. The House of Lords held that the Electricity Board whose workmen had dug the hole, had failed to consider that blind people might be passers by.

Read More
1792 Words | 8 Pages

2. Discuss Significance of the Negligence . 3. Clinical scenario in the Negligence .. 4. Discuss the issue with the help of literature review.

Read More
1276 Words | 6 Pages

The overall objective of the study is to examine the effectiveness of the law in addressing cases of medical negligence in Kenya. Specific objectives of the study are: a. To examine the legal framework governing the conduct of doctors in Kenya. It will also point out the inadequacies of the current regime governing medical negligence. This research will emphasize on the disciplinary process in medical negligence. b. To examine the extent to which this legal regime is effective in addressing cases of medical negligence.

Read More
1017 Words | 5 Pages

Neither the very highest nor a very low degree of care and competence, judged in the light of the particular circumstances of each case, is what the law requires and a person is not liable in negligence because someone else of greater skill and knowledge would have prescribed different treatment or operated in a different way; nor he is guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art, even though a body of adverse opinion also existed among medical

Read More
759 Words | 4 Pages

According to the law, the reasonable person is not defined as an average person or not a typical person but reasonable person is a composite of the community's judgment as to how the typical community member should act in situations that might pose a threat of harm to the public.[5][6][7] Malpractice Malpractice is same as negligence. But it is strictly talk about professionals it is simply breach of either a standard of care or a standard of conduct by a member of professional. In law domain, Malpractice refers to negligence or misconduct by a professional person, such as an engineer, a lawyer, a doctor, or an accountant. The failure to meet a standard of care or standard of conduct that is recognized by a profession reaches the level of malpractice when a client or patient is injured or damaged because of error.

Read More

More about Negligence In Criminal Law

Related Topics

Open Document