Professional Documents
Culture Documents
Anandhavalli. E
Negligence is the breach of a legal duty to care.
Injury itself
CONSUMER
Contract of service
Contract of/for service
Contract of service
a relationship of master and servant
HELD :
medical professionals do not enjoy any immunity from being sued in
contract or tort (i.e. in civil jurisdiction) on the ground of negligence.
even though services rendered by medical practitioners are of a
personal nature they cannot be treated as contracts of personal
service (which are excluded from the Act). They are contracts for
service, under which a doctor too can be sued in Consumer
Protection Courts.
THUS
A doctor, when consulted by a patient owes him a duty of care
in
deciding to undertake the case;
the administration of that treatment
Application of Bolam Test
‘Bolam Vs. Frien Hospital Management’
set three criteria for the safety of the medical
professional:
Information about
Diagnosis
Nature of treatment
Risks involved
Prospects of success/prognosis
Alternative methods of treatment
Jasbir Kaur v State of Punjab, AIR 1995
P&H 278