Flashcards in Medico-legal Doctrines Deck (24):
Punishment for medical negligence ?
Fine or imprisonment
Therapeutic misadventure ?
No one at fault neither hospital nor doctor.
Just a mishappening.
Corporate negligence ?
When its hospital’s fault
Mild negligence ?
Mild harm to patient.
Gross negligence ?
Serious harm or death of the patient.
What are the defences against negligence ?
1. No duty ownes to the patient except in emergency case.
2. Duty discharge according to prevailing standards.
3. Therapeutic misadventure ( medical maloccurence).
4. Limitation period of 2 years for the pt to complaint.
5. Error of judgement: wrong management despite exercising reasonable care and skill.
6. Res judicata ( doctrine of double jeopardy).
7. Contributory negligence.
Punishment for medical negligence is given by ?
Civil or criminal court
In infamous conduct punishment is given by ?
State medical council
Punishment for infamous conduct?
Professional death sentence : temperory or permenant.
Vicarious liability ?
Senior person or employer is responisble for the act of his junior or the employee. Both can be punished
In gross negligence, trial is done by ?
Infamous conduct ?
Any disgraceful act in regards to profession.
Res IPSA Loquitor ?
Facts speaks for themselves
Therapeutic privilage ?
Exceptional conditions where doctor may withhold some information from the pt.
What is medical negligence ?
Lack of reasonable care and skill which lead to death or injury of the patient.
Punishment for mild negligence ?
Products liability ?
When the manufacturer is responsible
Types of very obvious negligence ?
1. Mild negligence.
2. Gross negligence
Professional secrecy ?
A doctor is supposed to keep all the secret of pt.
Privileged communication ?
Exceptional conditions where doctor can reveal the secrets of pts.
Eg: STD, notifiable disease (polio).
In mild negligence trial is done by ?
Punishment for gross negligence ?
Fine or imprisonment
What is contributory negligence ?
When both patient and doctor are at fault.
Its a defense only in civil negligence.