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Medical Negligence and Medical Evidence | The Five Elements of Negligence | Medical Negligence - Defenses - Remedies | Presumptions & Medical Evidence | LatestAbout the bookNegligence in all terms is always negligence. Word sorry cannot compensate for the wrong of a Medical Professional !Negligence is thus the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent.The Constitution of India, 1950, vide Article 21 imposes an obligation on the state to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. Considering Medical negligence, the intention to behave in such negligent way shall be proved to make a doctor liable under criminal law. However, there are also protections given under the Indian Penal Code, 1860 for the doctor who act under good faith.The three elements of negligence are duty of care, breach and causation. If a plaintiff successfully proves these three elements, then the final part of a negligence claim involves damages.Negligence thus is most usefully stated as comprise of five, not four, elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm, each of which has been explained in the book.Coming to the defenses, the defendant bears the onus for proving any defence. Defences can include: obvious risk inherent risk voluntary assumption of risk dangerous recreational activity exclusion of liability illegality inevitable accidents contributory negligence.The burden of proof of negligence generally lies with the complainant. The law requires a higher standard of evidence to support an allegation of negligence against any doctor. In cases of medical negligence, the patient must establish a claim against the doctor in order to succeed.The book covers the vital aspects of Medical negligence, inter-alia the decisions delivered by the Hon'ble Supreme Court of India, National Consumer Disputes Commissions, State Consumer Disputes Commissions, thus holding the Doctors and Hospitals equally liable and responsible for professional misconduct and non-performance of duty causing injury to the life and limb of the person; during medical care.The book as well covers the aspects of Medical Evidence exclusively for the purpose; where the legal fraternity needs always a support of case-laws while contesting criminal cases and look for defense to come to their rescue for seeking acquittal.