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To what extent a medical intern is responsible for medical negligence
31-Oct-2023 (In Consumer Court Law)
Is a medical intern who is working under the supervision of senior doctors responsible for medical negligence? What is the legal recourse if the patient party lodges a complaint against the whole team of doctors including the intern with the consumer forum. What will be the responsibility of the intern.
Medical negligence is very hard to prove. Negligence as a tort The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments have assigned various meanings to negligence. The concept as has been acceptable to Indian jurisprudential thought is well-stated in the Law of Torts, Ratanlal & Dhirajlal (Twenty-fourth Edition 2002, edited by Justice G.P. Singh). It is stated (at p.441-442) ___ "Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.
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Adv. Sachetan Ghosh
Kolkata | 25+ Answers
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Hi,
A medical intern can be held liable for medical negligence depending on many factors like responsibilities assigned to him, nature of conduct etc. To answer your query in detail, I need more specific information regarding the incident and the responsibilities assigned to the intern. Generally speaking, if a complaint has been lodged the intern needs to contest it.
A medical intern can be held liable for medical negligence depending on many factors like responsibilities assigned to him, nature of conduct etc. To answer your query in detail, I need more specific information regarding the incident and the responsibilities assigned to the intern. Generally speaking, if a complaint has been lodged the intern needs to contest it.
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