Rukmini Ravi Madhok, Symbiosis Law School, Hyderabad
Introduction
The medical profession is one of the oldest professions as provided by humankind. It is one of the most noble professions provided considering it is only the medical workers and doctors whom we look up to when in distress. It is only them who can bring or let go of the loved one in the hospital. In the ancient Indian times, doctors or healers were seen as a form of Vishnu and thus associated to be godlike1. However, in more recent times, these medical institutions have been places of legal disputes dur to some mal practitioners taking advantage or administering medical care with negligence which ends in more harm than good. However, not always do such cases end with the accused been proven guilty. One such case is the case of Malka Tarrannum v. Dr. C.P. Gupta. this was held to be a case of medical negligence.
It has been very controversial and difficult to define negligence in medical terms and yet remains a highly debatable topic in the study of law of torts. As mentioned in the case of Moni V. State of Kerala2 it was observed that medical negligence would not occur if the doctor or medical practitioner conforms to the reasonable means to proceed in the case. Of the adopts one of the multiple available options, it is held to be reasonable. In such a sense the components of negligence would include, a duty, a breach and said duty and a consequent harm that follows.
