Why most of the cases of Tort actions against doctors and medical clinics' negligence tend to…
Doctors are judged by the Bolam / Jacob Mathew v State of Punjab standard of an ordinary competent practitioner, so "The Supreme Court is not inclined to subject doctors to…
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Why most of the cases of Tort actions against doctors and medical clinics' negligence tend to ultimately fail in the Courts in India, because:
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Correct answer A
Doctors are judged by the Bolam / Jacob Mathew v State of Punjab standard of an ordinary competent practitioner, so "The Supreme Court is not inclined to subject doctors to a higher duty of care to the patients" explains why breach is hard to establish and such claims commonly fail. Consent to treatment is not consent to negligent injury, so "The patient by submitting to the treatment by doctors voluntary assumes the risk of injury" is legally weak.
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