INTEGRATIVE DIAGNOSTIC RADIOGRAPHY

Integrative Diagnostic Radiography

Integrative Diagnostic Radiography

The Medical profession is one of the noblest professions in the world. Some people give the doctors the honour of God as they save the lives of people. As such they are required to possess a particular level of learning, knowledge, expertise and skill and are to maintain a reasonable degree of "care and caution", while performing their duty (Janower, 1963, pp.78). But recently, after the advent of Consumer Protection Act, 1986, a decline in the standard of the medical profession has been observed due to the increasing number of litigations against doctors for being negligent.

The doctor- patient relationship is one of the most unique and privileged relation based on mutual trust and faith. But presently there is a great decline in this relationship which might be due to communication gap between them, commercialization of health services, raising expectations from doctors or increased consumer awareness (Mertz, 1950, pp. 8). Though to err is human nature, but mistakes of medical professional which may result in death of a person or cause permanent impairment can be particularly costly and cannot be overlooked. The law does not aim to punish doctors for all their mistakes, but only to those which are committed out of negligence.

"Service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

Can Hospital be held liable for the negligence of a doctor?

A hospital may be vicariously liable for the negligence of doctors who are independent contractors. To hold a hospital vicariously liable for the negligence or wrongful acts of an independent contractor physician, a plaintiff must show that (1) the hospital held itself out to the public as providing medical services; (2) the plaintiff looked to the hospital rather than to the individual physician to perform those services; and (3) the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee.

The jurisprudential concept of negligence differs in civil and criminal law. Negligence which is neither gross nor of a high degree may provide a ground for action in civil law but cannot form the basis for prosecution in criminal law (Moores, 2006, pp.291-304). For negligence to amount to an offence, the element of mens rea must be shown to exist. For an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very high degree.

Consumer Protection Act, 1986 is so wide that it also takes in its fold the administrative deficiencies of the hospital. For instance, not providing blood to a patient who could die if blood transfusion is delayed for some time or not providing ...