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Some situations of negligence as defined by the Supreme Court of India

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Dr KK Aggarwal    16 December 2020

In Martin F. D’Souza vs Mohd. Ishfaq, 3541 of 2002, dated 17.02.2009, the Supreme Court has defined some situations of negligence as follows:

  1. Failing to strictly observe current practices, infrastructure, paramedical and other staff, hygiene and sterility
  2. Giving a prescription without examining the patient
  3. Giving a prescription on telephone (except in an acute emergency)
  4. Not investigating a patient as necessary
  5. Experimenting when not necessary and without written consent
  6. Not consulting an expert when in doubt
  7. Not maintaining full records of diagnosis, treatment, etc.

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