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


Dr KK Aggarwal and Ms Ira Gupta    30 March 2018

In Martin F. DSouza 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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