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Some situations of negligence as defined by the Supreme Court of India |
Medico Legal Corner
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Some situations of negligence as defined by the Supreme Court of India
Dr KK Aggarwal & Advocate Ira Gupta,  26 September 2018
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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,
  2. hygiene and sterility
  3. Giving a prescription without examining the patient
  4. Giving a prescription on telephone (except in an acute emergency)
  5. Not investigating a patient as necessary
  6. Experimenting when not necessary and without written consent
  7. Not consulting an expert when in doubt
  8. Not maintaining full records of diagnosis, treatment etc.
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