ABSTRACT
Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. The definition involves three constituents of negligence: (1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former's conduct within the scope of the duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage is a necessary ingredient of this tort. Hon’ble Supreme Court Bench comprising B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari, pronounced a Judgment on May 8, 2007 on this issue. Other relevant decisions of various Consumer Forums including National Consumer Disputes Redressal Commission are discussed. This paper will help in enlightening medical fraternity on new dimensions of scope of COPRA 1986, meaning and interpretations of term ‘service’ ‘consumer’ and ‘jurisdiction’.
Subject(s)
Consumer Advocacy/legislation & jurisprudence , Duty to Warn , Facility Regulation and Control/legislation & jurisprudence , Humans , India , Malpractice/legislation & jurisprudence , Patient Safety/legislation & jurisprudenceABSTRACT
Physicians in Korea are nowadays confronted with unprecedented difficulties in practicing medicine-at every point of patient care, they should be prepared against any possibilities of medical disputes, among which ones related to medical certificates are not infrequent. Physicians issue medical certificates based on comprehensive findings from physical examinations and laboratory tests to prove the health status of the patients. Although physicians prepare medical certificates as private documents, they take effect as official documents. Hence medical certificates should be prepared with understanding of relevant health care-related laws to avoid unnecessary and avoidable medical disputes.
Subject(s)
Humans , Dissent and Disputes , Jurisprudence , Korea , Patient Care , Physical ExaminationABSTRACT
Premarital check-up differ from the common medical treatment,also differs from the health prevention work. It is very necessary to explor the legal duty and ethics of the hospital and doctor premarital check-up .There is suggestion for the hospital and doctor, when they carry out the legal duty and ethic .They'd better check-up carefully, publicity education, table a proposal, protect the privacy, perfect the records and performs and check-up with good intentions etc. It should protect actually the parties concerned's legitimate interest.