CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA-800001

“Role of Forensic Science in Medical Negligence with Bolam Principle ”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FUILFILMENT OF THE COURSE

TITLED

MEDICAL JURISPRUDENCE

SUBMITTED TO: SUBMITTED BY:

Mr. Kumar Gaurav Prachi Kumari

Roll no - 550

Semester – 1st (LLM)

Session – 2023-2024
INTRODUCTION:

The medical profession is always considered as a noble profession. For every patient, the
doctor is the last person, who can save him/her physically. Due to such aspiration, all the
medical professionals have a good reputation in society. So, this is the reason why society,
assumes doctors as ‘God’. In this contemporary world, doctors can handle more critical
health issues due to the advancement of medical science. At the same time, the rate of
medical negligence cases is increasing day by day. Here the question arises whether the
medical professionals are always responsible for all the medical negligence cases or not. On
the other Hands, it has also been found that some people try to harass the doctor by filing
false cases against them. In such situations, forensic science takes a prominent role in
identifying whether there is any sort of negligence on the part of the medical professionals.
Forensic medicine or medical jurisprudence is a branch of forensic science, helps in
identifying the cause of death in medical negligence cases.

Forensic medicines play an important role in the administration of justice. It also helps the
legal authority to identify the real accused not only in medical negligence cases but also in
every case where the victim waits for justice. The process of justice deliberation becomes
easier with the help of such medical and paramedical knowledge. The importance of forensic
medicine can be cleared by the citation of some of the examples. Some of the examples are
cited hereinafter.

Autopsy- Forensic medicine plays an important role in the identification of the cause of
death. In this case, the autopsy comes into the picture. For example, if a death has been
occurred by a particular weapon, then the forensic pathologists take an important role in
finding out the type of weapon used in such incident. By application of different chemicals,
they try to find out the types of weapons used for the murder. So, it is very much clear that
the data which has been coming through forensic medicine helped a lot in the identification
of the cause of death.

AIMS AND OBJECTIVES:

The Aims and Objectives of this project are:

1. To study about the forensic science and medical negligence.

2. To study about the bolam test and its importance in determining the cases of medical
negligence.

3. To study about the judicial pronouncements related to medical negligence in India.

HYPOTHESIS:

To prove the guilty on the part of medical practisioner, forensic experts like pathologist,
autopsy agency takes part in prominent role in the identification of guilt. Without the help of
forensic science, the investigation in case of medical negligence cannot be successful.

RESEARCH METHODOLOGY:

For this study, doctrinal research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the theories in appropriate form,
essential for this study.

SOURCES OF DATA:

The researcher will be relying mainly on secondary sources to complete the project.

1. Primary Sources: Treaties etc…

2. Secondary Sources: Books, newspapers, websites etc…

TENTATIVE CHAPTERIZATION:

1. Indroduction.
2. Forensic Science and Medical Negligence.
3. Bolam Principle.
4. Judicial Pronouncement.
5. Findings.
6. Conclusion and criticism
Bibliography
BIBLIOGRAPHY:

The researcher has consulted following sources to complete the rough proposal:

SECONDARY SOURCES:

WEBSITES:

1. https://www.lawpadho.in/2021/07/medical-negligence-and-forensic.html
2. https://www.slideshare.net/ananthatiger/forensic-medicine-medical-negligence
3. https://bnwjournal.com/2021/04/20/medical-negligence-forensic-science/