MEDICAL NEGLIGENCE

1. Commission of mistakes or Negligence within the health profession could result in minor injuries or
even lead to some serious injuries and these mistakes could even lead to death. This is know as medical
negligence.

2. The fundamental reason behind medical negligence is that the carelessness of the doctors or medical
professionals.

3. In short, improper or unskilled treatment of a patient by a medical practitioner is called medical

negligence.

4. Medical practitioner includes nurse, physician, surgeon, pharmacist, or any other medical
practitioner.

5. improper administration of medicines.

6. Performing the wrong or inappropriate type of surgery,not giving proper medical advice and leaving
any foreign object in the body of the patient such as a sponge or bandage, etc. after the surgery are the
few examples of medical negligence

7. Essential elements of medical negligence

8.The defendant owed a duty of care to the plaintiff.

The defendant made a breach of that duty.

The plaintiff suffered damage as a consequence of that breach.

9. Duty

Medical practitioner has the duty to take care of the patients.

10.The burden of proof of negligence generally lies with the complainant.

In Calcutta Medical Research Institute vs Bimalesh Chatterjee, it was held that the onus of proving
proofs against negligence and deficiency in service was clearly on the complainant.