Medical Negligence I Professional Medical Negligence I Bolam Test I Bolitho Test

Medical malpractice is an act of negligence committed by a medical provider, a physician in most situations. It is defined as doing something a medical provider of ordinary skill would not have done, or failing to do that which a medical provider of ordinary skill would have done. To establish a medical malpractice claim, there must be injury and damage to the patient directly resulting from the negligence

Medical Negligence has many manifestations - it may be active negligence, collateral negligence, comparative negligence, concurrent negligence, continued negligence, criminal negligence, gross negligence, hazardous negligence, active and passive negligence, willful or reckless negligence or Negligence per se

A doctor can be held liable for negligence only if it can be proved that he/she is responsible of a failure that no other doctor with ordinary skills would be guilty of it, if acting with reasonable care. A slip in judgment constitutes negligence only if a professional who is reasonably competent with the standard skills and has acted with ordinary care, would not have made the same error.

In the Supreme Court landmark judgement Jacob Mathew v. State of Punjab and Anr. [(2005) 6 SCC 1]. In paragraph 41 of the decision, the Court observed that:

"The practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence is what the law requires."

The consequences of legally cognizable medical negligence can broadly be put into three categories:

(i) Criminal liability,
(ii) monetary liability, and
(iii) disciplinary action (cancel of medical / license registration)

Doctors owe a duty of care towards the patients in emergency situation but at the same time it is the responsibility of the patients as well to cooperate with the medical professionals in discharge of their duties.

To err is human that doesn't give right to patients or their family members to attack or abuse the doctors. No way is it justified. If, there is negligence in that case legal route should be adopted.