Medical Negligence Types of Medical Negligence

Umer Nisar Roll No. 75

Definition of Medical Negligence

Lack of exercise of proper degree of skill and care in diagnostic and/or therapeutic techniques expected of a physician of one s own standing and repute leading to damage.

Types of Medical Negligence

1. Civil 2. Criminal

Civil Negligence
Resulting in damages against the doctor in a civil court for wrong treatment , undue prolongation of treatment or undue suffering Examples: Extraction of healthy tooth instead of a diseased one Failure to X-ray fractured part Failure to give anti-tetanus vaccine following an injury causing disease to patient

Criminal Negligence
Result in cases against state resulting in punishment for criminal acts Examples: Criminal abortion Leaving of patient unattended after opening abdomen Operation of wrong patient Leaving instruments or sponges in abdomen

Difference between Civil and Criminal Negligence

Feature Offence Negligence
Civil negligence Non Specific and clear violation of law Simple absence of care and skill Compared to a generally accepted standard of professional care Good defence in court of law cannot recover damages Civil court Strong evidence is sufficient Damages to be paid Criminal Negligence Specific violation of a particular criminal law Gross negligence, inattention or lack of competency Not compared to a single test

Conduct of a Physician Consent to act Trial Evidence

Punishment

Not a defence: can be prosecuted Criminal Court Guilt should be proved beyond a reasonable doubt Imprisonment

Other Types of Medical Negligence

1. Contributory 2. Third Party 3. Comparative

1. Contributory Negligence
Negligence by patient Examples: Not to provide proper history to doctor Failure to follow line of treatment Refusal to take up suggested advice Leaving the hospital against doctor advice Failure to seek further treatment

2. Third Party Negligence

Negligence by relatives and nursing staff

3. Comparative Negligence
Negligence by patient and doctor