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Abstract
MEDICAL NEGLIGENCE AN MEDICAL ETHICS–AND AYURVEDIC AND LEGAL PERSPECTIVE
*Dr. Sangeeta P. Badarwad and Dr. Sonal D. Wankhede
ABSTRACT
Medical professionals are treated as next to God. They provide humanitarian services and gives solace toindividuals suffering from various diseases and disorders. Due to their great service to humanity, the doctors andmedical professionals are treated with reverence and since the ancient times the medical profession has beenconsidered as a noble profession. However with the passage of time, there has been a change in the doctor -patient relationship. During the last few decades, a number of incidents have come to light in which the patientshave suffered due to the error and inadvertent conduct of doctors. Due to the increasing conflicts and legaldisputes between the doctors and patients, most of the legal systems have developed various rules and principlesto deal with such inadvertent behavior of doctors. Medicine is a highly complex domain. It is difficult forconsumer laws to review medical negligence cases with flawless technical clarity and accuracy. . In ancient Indiathe system of medicine was indigenous (called Ayurvedic Chikitsa). The concept of medicine and medicalpractices was prevalent in ancient India too. Ayurveda also has great emphasis been given on ethics, duties toserve the suffering humanity, getting consent, to develop the virtues of integrity, compassion and self effacement,to maintain good relation with co-professionals. Thus medical negligence is not purely a matter of considerationfor judiciary but also the technical inputs of specialized experts in the field have substantial weightage whiledeciding the case of medical negligence against doctors. The present paper is devoted to introvert inspection ofnegligence in medical profession in the light of existing laws with more emphasis on the interpretation ofconsumer protection law by judiciary.
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