scholarly journals MEDICAL NEGLIGENCE: CURRENT SCENARIO IN INDIA

2021 ◽  
pp. 1-5
Author(s):  
Binay Kumar ◽  
Avinash Kumar ◽  
Vinita Kumari ◽  
Ashok Kumar Rastogi ◽  
Himanshi Himanshi ◽  
...  

Medical profession, one of the noblest professions, but not immune to negligence due to lack of reasonable degree of care and skill or willful negligence, which causes injury or death of the patient. There is no proper guideline in India to tackle the issues related to the medical negligence. So, interpretation of law by the different court and law enforcing agencies along with the circumstantial evidence related to negligence cases, sometimes becomes misleading and lead to wrong conviction and punishment. So, doctors are always afraid of its impact on them. Many landmark judgments have been passed by various courts and consumer forums in civil and criminal negligent cases, against doctors and health institutions, to award compensation in alleged negligence cases. Now a days, people are more aware of their rights and health, so cases of medical negligence have significantly gone up over the past few years. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence. The present article aims at discussing the various aspects of negligence, and current scenario in India and discussion with different landmark judgements of cases related to medical negligence.

2011 ◽  
Vol 51 (181) ◽  
Author(s):  
L Kumar ◽  
BK Bastia

It is a principle recognized by our as well as by other legal systems that ignorance of the law is no excuse for violating it. The rule is also expressed in the form of a legal presumption that everyone knows the law. It is the duty of every man to know that part of it which concerns him. A doctor, in particular, is conclusively presumed to know the law, and is dealt with as if he did know it, because in general he can and ought to know it. In the matter of professional liability, the medical profession differs from other occupations for the reason that the former operates in spheres where success cannot be achieved in every case and very often success or failure depends upon factors beyond a medical man’s control. Due to the increasing awareness of the rights of a patient in present day society, a medical man has become more vulnerable to being sued by a litigation suit of any kind, civil or criminal. The basis of a medical negligence suit is still alien to the majority of the practicing doctors in our country. Hence, the present article aims at discussing the various aspects of negligence, like the meaning and types of negligence, and the concept of duty of care, degree of care, and standard.  Keywords: degree of care, duty of care, medical negligence, standard of care. 


Author(s):  
William B. McCombs ◽  
Cameron E. McCoy

Recent years have brought a reversal in the attitude of the medical profession toward the diagnosis of viral infections. Identification of bacterial pathogens was formerly thought to be faster than identification of viral pathogens. Viral identification was dismissed as being of academic interest or for confirming the presence of an epidemic, because the patient would recover or die before this could be accomplished. In the past 10 years, the goal of virologists has been to present the clinician with a viral identification in a matter of hours. This fast diagnosis has the potential for shortening the patient's hospital stay and preventing the administering of toxic and/or expensive antibiotics of no benefit to the patient.


Coronaviruses ◽  
2020 ◽  
Vol 01 ◽  
Author(s):  
Rashmi Saxena Pal ◽  
Yogendra Pal ◽  
Pranay Wal ◽  
Ankita Wal ◽  
Nikita Saraswat

Background: WHO declared COVID-19 a global pandemic. New cases are being added every day, as the case count in United States are to the maximum. No drugs or biologics are yet found to be effective for the prevention or treatment of COVID-19. Objective: To discuss the possibilities of available treatments available. Materials & Methods: Brief out-look is undertaken over the past issues available over the similar situations occurred with respect to the current scenario and prospectives. Results: There can be various possibilities in form of convalescent plasma therapy. The known drugs as HIV drugs, antimalarial medicines and antiviral compounds can serve as suggestive option. Conclusion: Till a confirm medicine or vaccine is sorted out for Covid-19, we need to take natural immune-boosters, along with precautionary steps, social distancing and other preventions as instructed for the benefit of everyone with an optimistic mind and attitude.


1987 ◽  
Vol 13 (2-3) ◽  
pp. 233-248 ◽  
Author(s):  
Ronald E. Cranford ◽  
David Randolph Smith

For the past two decades, the medical profession and society have debated the definition of death. Some reasonable consensus has been reached on this issue, in theory and in practice. In the last few years, however, a far more important debate has been evolving — the definition of human personhood. Human personhood has been discussed extensively in the past with respect to the abortion question and other issues concerning the beginning of life. More recently, however, the definition of personhood has been raised with respect to termination of treatment decisions at the end of life and, in particular, on the appropriate care of patients in a persistent vegetative state.Our major premise is that consciousness is the most critical moral, legal, and constitutional standard, not for human life itself, but for human personhood. There is nothing highly original in our approach to this particular issue; others have advanced similar arguments in recent years.


PEDIATRICS ◽  
1974 ◽  
Vol 54 (1) ◽  
pp. 128-129
Author(s):  
Richard Galdston

Thanatology, the study of death and dying, is a medical specialty of recent establishment. Over the past two or three decades, there has been a marked increased interest in this topic and in the number of articles and books devoted to its discussion. It has been said that this development is due to a lifting of earlier taboos against public discussion and that the medical profession had been remiss in its failure to provide a more open, forthright airing of its experience with death.


2006 ◽  
Vol 14 (1) ◽  
pp. 33-48 ◽  
Author(s):  
R. C. VAN CAENEGEM

The unification of European law – if it is ever achieved – belongs to the future, but much of this present article will be devoted to the past. This makes me look like the ancient Roman king Janus, upon whom the god Saturn bestowed the gift of seeing the future as well as the past, which led to his famous representation, in his Roman temple, as a man with two faces. As a professional historian I am, of course, concerned with past centuries, but the future of Europe and European law concerns me as a citizen of the Old World.


GEOgraphia ◽  
2018 ◽  
Vol 20 (42) ◽  
pp. 25
Author(s):  
Patrício Aureliano Silva Carneiro

Resumo: Um dos grandes desafios dos estudos históricos reside na incorporação e análise dos processos espaciais e dos elementos territoriais responsáveis por influenciar as temporalidades e os eventos e por modelar e organizar o espaço no passado. No presente artigo, procuramos salientar a importância dessa articulação, discorrendo sobre as inter-relações entre as categorias tempo e espaço, história e geografia. Com base em bibliografia anglo-saxônica, revisamos os aspectos conceituais da geografia histórica, a contribuição dos principais estudiosos e as novas tendências e desafios desse plano de abordagem.Palavras-chave: Geografia e história. Geografia histórica. Teoria e metodologia. THEORY AND TRENDS OF HISTORICAL GEOGRAPHYAbstract: One of the most significant challenges in the historical studies lies in the incorporation and analysis of spatial processes and territorial elements which influence temporality and events, as well as fashion and organize space in the past. The present article aims at emphasizing the importance of such relation as well as the connections between space and time, history and geography. Based on Anglo-Saxon bibliography, we review the conceptual aspects of historical geography, the most prominent authors’ contributions along with the new trends and challenges of this approach plan.Keywords: Geography and History. Historical Geography. Theory and Methodology. QUESTIONS THÉORIQUES ET TENDANCES DE LA GÉOGRAPHIE HISTORIQUERésumé: L’un des grands défis des études historiques, réside, dans l’incorporation et l’analyse des processus spatiaux et des éléments territoriaux responsables d’influencer les temporalités et les événements, et de modéliser et organiser l’espace dans le passé. Dans cet article, nous essayons de souligner l’importance de cette articulation, en discutant les interrelations entre le temps et l’espace, l’histoire et la géographie. Sur la base de la bibliographie anglo-saxonne, nous passons en revue les aspects conceptuels de la géographie historique, la contribution des principaux chercheurs et les nouvelles tendances et défis de ce plan d’approche.Mots-clés: Géographie et histoire. Géographie historique. Théorie et méthodologie.


2021 ◽  
pp. 160-182
Author(s):  
Jasna Mikić

Abstract. The present article explores the use of grammatical forms in job advertisements published over the past 60 years (1958, 1978, 1998 and 2018). A historical examination of the use of gender forms in employment is based on analysis of job advertisements published in the Slovenian language, and the particular socioeconomic context. The results show that the frequency of use of the masculine, feminine and neutral forms has not drastically altered over the decades. In general, feminine and neutral forms were used less frequently, and the masculine grammatical form consistently dominates. In 2018, the latter was seemingly ‘neutralised’ by adding the abbreviation M/F


2007 ◽  
Vol 40 (1-2) ◽  
pp. 51-60
Author(s):  
Sandro Jung

Despite the claims for simplicity of language that Wordsworth articulated in the early years of his literary career, especially in the "Preface" to Lyrical Ballads-his pronounced difference from earlier (Neoclassical) poets, poetic practice, and the forms of poetry of the Augustans-he could not escape what Waiter Jackson Bate long ago termed the "burden of the past". Wordsworth's indebtedness to his literary forbears is not only ideational but formal as well. The present article aims to examine Wordsworth's "Tintern Abbey" and relate it to the tradition of the hymnal ode used so masterfully by William Collins in the mid-century, at the same time reconsidering the generic conceptualisation of the poem as an ode in all but name which in its structure and essence re-evokes mid-century hymnal odes but which is contextualised within Wordsworth's notion of emotional immediacy and simplicity.


1995 ◽  
Vol 19 (12) ◽  
pp. 743-746 ◽  
Author(s):  
Mervat Nasser

A review is made of the anti-psychiatric movement through its major protagonists, Lacan, Laing, Cooper and Szasz. The ideology was set to challenge the concept of mental illness and question the authority of the psychiatrist and the need for mental health institutions. The anti-psychiatric movement received a lot of attention in the 1970s but is now considered to be of the past and of likely interest to the psychiatric historian. However, the impact of the movement on current psychiatric practice requires further re-examination and appraisal.


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