Several terms are used as legal principle or legal propositions for adjudicating negligence. They are used as their dictionary meaning. When used in specific medical negligence, they need to be...

Medical Negligence Adjudication: The Tug-of-War Between Legal and Medical StandardsLegal Versus Medical Precedence in Medical Negligence Cases Judges wear legal professionalism and precedent a...

Legal systems in 'common law countries' and 'civil law countries': Common man's dilemma; 'Court of Justice' and 'Court of Law' compound the issue. A Tale of Two Systems: Common Law and Civil...

The Ambiguity of Legal Principles in Medical Negligence Cases: A Critical Analysis Navigating the Vagueness: Challenges in Applying Legal Constructs to Medical Negligence Legal principles u...

Medical Negligence Liability Awards under CPA: The Chaos Created Accountability vs. Anarchy: Medical Negligence under the Consumer Protection Act Between Justice and Chao...

"The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes". In other words, ratio decidendi is legal rule derive...

Q. Given that judicial officers lack specialized knowledge in the complex field of medicine, it is customary to rely on 'expert opinions' when adjudicating cases of medical negligence. However, nei...

Ethics is knowing the difference between what you have a right to do and what is right to do. Potter Stewart. In law a man is guilty when he violates the rights of others. In ethics he is guil...

Q. What is a lawless law? What ingredients of a law render it lawless? A "lawless law" is a term used to describe a law that, despite being enacted, fails to uphold the principles of j...

"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so m...

Q. A woman is treated for infertility by a doctor claiming to be a specialist in `reproductive medicine' and 'infertility'. The husband of the patient is diagnosed to be azoospermia (no sperms ...

Children on therapeutic ventilation in a fee-for-service hospital. Parents default in paying the mounting bill. An ethical dilemma. AI debate. Q. Cases Of Children On Ventilators In the Intensi...

Q. The doctor in–charge of admission to the Intensive Cardiac Care Unit (ICCU) has just learnt that a bed in the unit has fallen vacant. He has information of three cases waiting for admission. ...

Medical act of providing treatment by a licensed medical practitioner can never be a criminal act. To presume the same is inherently incongruous. Q. Medical negligence is adjudicated under: ...

Q. For an ordinary person negligence is causing harm to a person or property of another by breach of duty not to cause harm. Medical negligence is causing harm by breach of his duty to care, th...

Munchausen syndrome by proxy, now known as Factitious Disorder Imposed by Another (FDIA), is a recognized mental health condition. Individuals with this disorder, often dominant and assertive, ...

Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of 'literal construction' in the overall 'context of scheme...

Medical negligence is an offence that needs to be adjudicated per exceptions/exemptions provisions. Exceptions provide a licensed physician exemption from any liability Causing bodily harm/in...

Good Faith Exemption From Criminal Liability - Harm Resulting From Medical Treatment Is No OffenceThe Bhartiya Nayay Sanhita 2023 replaces the Indian Penal Code 1860. The basic shift, per the m...

Lamhe ne khata ki thi, sadiyon ne saza paayi An activist judge on the State Consumer Forum of Rajasthan, has single handed 'revolutionized' and 'up graded' the patient treatment in private hos...

Injury From Good Faith Act Of Medical Management Of A Licenced Medical Professional Is No Crime Statutory Exceptions And Exemptions In IPC (Now Bhartiya Nyaya Sanhita) The Honorable Supreme C...

"No man's opinions are better than his information" -- Paul Getty "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge."-- Daniel J. Boorstin In ...

A patient to be legally recognized as terminal should meet the following criteria: Should be suffering from a disease that has no curative treatment available The disease is irreversible ...

Mutual good faith is a basic ingredient of the patient-doctor relationship Frivolous negligence claims and perverse medical negligence judgments based on ill-applied legal fiction without coge...