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PREFACE
As
all other endeavours, the compulsion behind this work was necessity. While
searching for previous cases in Medico-Legal Negligence, I felt, difficulty
in isolating and analyzing cases related with the subject, due to the
unavailability of another work in the subject. That made me to think about
the difficulties confronted by Legal as well as Medical and Hospital
professionals to deal with such situations and that necessity made way for
this work. Medical Law and related cases are in nascent stage in
In
my work, even though a small one, I have tried to include various intricacies
related with the subject for proper understanding, viz. PROFESSIONAL
NEGLIGENCE, RULE OF LIMITATION, DISCOVERY
RULE,
NEGLIGENCE - RES IPSA LOQUITUR,
FAILURE TO CONVEY INFORMATION,
ADDITIONAL TREATMENT WITHOUT CONSENT, EXPERT EVIDENCE,
ESIC UNDER CP Act,
QUANTUM OF COMPENSATION, HOSPITAL RUN BY THE EMPLOYER, STEROIDS IN TREATMENT, BLOOD TRANSFUSION WITHOUT CONSENT, SCISSORS LEFT BY THE SURGEON, UNAUTHORIZED
SURGICAL PROCEDURE,
TREATMENT IN ANOTHER STREAM OF MEDICINE,
MEDICAL PRACTITIONER IS NOT AN INSURER, DISCLOSURE OF AIDS DIAGNOSIS, etc. in this work. I have gone through
decided cases of courts belong to various countries during the period of 1865
– 2012 and included the same in simple language for the understanding of
non-legal professionals. I humbly submit this work, with the hope that the
society as a whole, especially Medical, Hospital and Legal professionals,
will accept this effort as one done for useful purpose.
I
herewith express my gratitude to the professionals belongs to the National
Accreditation Board for the Hospitals and Healthcare Providers (NABH), Dr. M
Ramaswamy [Chief Medical Superintendent & Chief Staff Surgeon, Railway
Hospital, Chennai (Rtd.)] and my beloved brother, C K Pankajakshan [District
Project Officer – ITDP(Rtd.)], for giving inspiration and continuous
encouragement in this endeavour.
I
thank my Personal Secretary, Ms. Anagha M V, for doing data-entry works with
patience and care even in the midst of busy work schedule. Further thank my wife
and children (Sreelakshmi Siva & Swathin Siva), all of them have been
constant source of motivation and also rendered valuable assistance in the
monotonous task of proof correction throughout the work. I also thank all
others for having taken great pains to publish the work in this elegant form.
Adv.C K Sivadasan
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PREFACE
Friday, 12 September 2014
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