Book detail

Law of Medical Negligence and Compensation
Law of Medical Negligence and Compensation
Author: R.K. Bag
Edition: 3rd
Year of publication: 2021
No. of pages: 793
ISBN: 9788171773633
Format: Hardcover
Availability: In Stock
Price: 1395.00
Related interest

NEGLIGENCE is the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. Negligence is a tort which involves a person’s breach of duty that is imposed upon him to take care, resulting in damage to the complainant. Like other professionals, the medical personnels are liable to pay damages for their negligence under the law of torts.
Topic discussed
The present work provides clear, detailed and in-depth analysis of the principles of medical negligence under general, penal and consumer laws. It deals with the concept of reasonable care, standard of skill and competence, criteria of informed consent in treatment, difference between wrong and negligent diagnosis, duty towards foetus, wrongful birth, obligation for gratuitous service, etc. The work comprehends both general and consumer law with regard to the rights to claim for, and individual as well as vicarious liability to pay compensation.
Wide and updated coverage
In the instant edition the author has discussed various issues such as variation of consent in elective and emergency surgery, sterilization failure and unwanted child, liability of hospital, deficiency in service, mode of assessment of compensation, expert evidence and its evaluation, guidelines for prosecution of doctor for causing death of the patient by rash and negligent treatment. It throws light on the procedure, pleading and proof for claiming compensation under general law and consumer laws. The present edition has incorporated almost all the important case laws of both India and abroad including the cases decided by the apex court and different High Courts on testing and treatment of Covid-19 patients and disposal of dead body of the patients infected therewith.
 

• Procedure for claim of compensation
• Guidelines for prosecution of doctor
• Analysis of the principles of medical negligence
• Difference between wrong and negligent diagnosis
• Duty towards Covid-19 infected patients

R.K. Bag

MA, LLB, WBHJS, District Judge, Malda (West Bengal), Formerly Assistant Director (Law), Sardar Vallabhbhai Patel National Police Academy, Hyderabad



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