CRITICAL ANALYSIS ON

PROFESSIONAL NEGLIGENCE
INCLUDING MEDICAL NEGLIGENCE

BY NAWAZ
What is negligence?
 The word negligence is derived from the Latin
word “negligentia” , meaning "failing to take up."
 Negligence, in both its common and legal senses,
refers to a lack of caution of the sort that a
reasonably prudent person would have shown
under similar circumstances
 In the 18th century, negligence became recognised
as its own legal theory in England.
Who is a professional?
 A person is considered to be a professional if they
are regarded as an expert in their field

 Medical professional means a person who

is licensed or certified to provide health care
services to natural persons
Professional negligence
 Professional negligence occurs when a professional is
negligent in performing their responsibilities to a
required standard. This required standard is a level of
service expected from a reasonable professional in that
field.
 While anyone can be accused of being negligent,
professional negligence claims can only be brought
against a person who can be considered an expert in their
field. This includes people such as solicitors, surveyors,
accountants and insurers amongst many others.
Essentials of Professional negligence

 Duty of care: A duty of care is a moral or legal

obligation to ensure the safety or well-being of others.
 Breach of duty: The professional didn’t conduct a
service to the best of their ability. Additionally, you
may have a breach of duty claim if the professional’s
assistance didn’t reach a reasonable level for someone
in their position.
 Loss suffered: You have suffered loss as a result of the
professional’s negligent actions. The loss may be
financial, health etc.
Medical Negligence
 The term "medical negligence" refers to any
incorrect behaviour or carelessness on the part of
medical professionals, such as doctors, who fail to
give patients with the necessary treatment for their
condition.
 This failure results in a breach of their
responsibilities, which in turn leads to damages that
are not particularly serious
Oldest case on medical negligence
(Stratton vs. Swanlond)

 The earliest reported case of medical negligence

was this case, which was decide in 1374
 A surgeon tried to repair a woman’s mangled hand.
The woman claimed the surgeon said he could cure
her, but after the procedure she was still deformed.
 The judges said that physicians could be held liable
when they are negligent , but if properly treated ,
they would not be liable .
A Recent case of medical negligence
(Harnek singh vs Gurmit singh)

 Eighteen years after a 47-year-old woman from Patiala

died after developing complications following a surgery
for removal of gallbladder stones, the Supreme Court
while indicting a Patiala doctor for ‘medical negligence’
has ordered a compensation of Rs 25 lakh for the family.
 While noting that it was ‘certainly a case of medical
negligence leading to deficiency in services’, the court
ordered Dr Gurmit Singh, a laparoscopic surgeon who
runs Preet Surgical Centre & Maternity Hospital in
Patiala, to pay the compensation
Suggestion
 To avoid claims for negligence including
professional and medical , various suggestion can
be derived according to my interpretation such as
using comprehensive contracts , by setting realistic
expectation , by communicating constantly through
case .