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ARTICLE · 29 APRIL 2021

Medical Negligence India

S.S. Rana & Co.
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Medical profession is considered to be a noble profession however, it has been time and again placed under scrutiny and so have all persons working in this profession.

IndiaConsumer Protection
Priya Adlakha
Priya Adlakha
Nihit Nagpal
Nihit Nagpal
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Medical profession is considered to be a noble profession however, it has been time and again placed under scrutiny and so have all persons working in this profession. Medical negligence is considered to be one of the most crucial concerns not just in our country but throughout the world. The primary reason is that numerous cases have been reported where an under qualified medical professional has been taken under inquiry for not taking reasonable care during the time of operation, diagnosis, etc.

What is medical negligence?

While considering the issue, the Hon'ble Supreme Court in Kusum Sharma & Ors. v. Batra Hospital & Medical Research Centre and Ors placed reference to the Halsbury's Laws of England, 4th Edn., Vol. 26 pp. 17-18, wherein it was defined as "22. Negligence. - Duties owed to patient. A person who holds himself out as ready to give medical advice or treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Such a

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