Chapter: 5 Degree Of Care Expected Of Doctors; Frivolous And Vexations Litigation

Degree Of Care Expected Of Doctors; Frivolous And Vexations Litigation

Objectives
The objective of this chapter is to apprise the doctors and students of Medicine of the legal position in regard to degree of care expected of them while discharging their duties. Similarly members of medical fraternity should be aware of their rights when a frivous and speculative complaint is filed against them.

Introduction
In a landmark decision in the matter of Prashanth S. Dhananka v. Nizam Institute of Medical Science & Ors, I(1999) CPJ 43(NC), the Hon'ble National Commission deliberated on important issues such as what constitutes medical negligence, duty of a hospital to engage a specialist when a specialist is available, vicarious liability of a hospital for omissions and commissions of doctors and staff, compensation for mental and physical torture etc.