Applicability of ratio dicidendi in Bar of Indian Lawyers case to medical pro...

"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...

Expert Testimony and Medical Negligence: Distinguishing Reality from Fiction

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...

Disciplinary Jurisdiction of Medical Council is Confined to Ethical Duties an...

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...

Lawless Provision Sec 106(1) Of The Bhartiya Nyaya Sanhita: An Artificial Int...

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...

Lawless Application Of Medical Negligence Laws: Jinxed Jurisprudence

"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...

Plight Of A Lady After Artificial Insemination: Ethic-Legal Dillema

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 ...

Ethical Dilemma and AI Debate: Parents Default on Hospital Bill for Children ...

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...

Triage For Admission To The Intensive Cardiac Care Unit Of A Government Hospi...

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. ...

Adjudicating Medical Negligence under the Codified and the Uncodified Law: In...

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: ...

Emerging Medico-Legal Expertise In The Country: National Medical Council Shou...

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...

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