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

Medico Legal Corner

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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#Multispeciality

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:

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

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