Book Description
Medical malpractice, perceived and actual, especially in the current environment of fast paced technological advances, is among the most critical health issues in India today. Related litigation has been increasing year by year, especially since the coming into force of the Consumer Protection Act. 1986. This book provides a comprehensive and detailed survey of the law under the Consumer Protection Act, the law of torts, as well as the Penal Code. It explains how the law operates in the country in the background of increasing doctor- patient conflict and rights consciousness among patients, the ignorance of doctors about law, and the complex problems faced by doctors in public hospitals. It analyses all major cases to date. In parts it addresses doctors in particular and provides guidelines and check lists to help them avoid charges of negligence. It throws significant light on issues relating to medicine and ethics, the duties of doctors, the rights and responsibilities of patients, defences available to doctors, likely areas of litigation in individual medical specialities and types of surgery, and the 'consent' of patients. The book also examines relevant law and cases from other countries.