Medical Negligence In Common Law

Negligence was added to common law in the 17th century by the increasing number of horse and buggy roads collisions. The beginning of the 17th century was marked by a slow but steady transformation from an unlawful action of trespass to a case of negligence. The term negligence in its current form is not of Indian origin, but is inspired by English law, where negligence is a separate offense. It is therefore important to know the English position in relation to the same thing. This was initially considered a mistake and not a deliberate violation of a legal obligation. A careless act can lead to any action only if there are due diligence obligations and if the non-observance has caused damage and then the carelessness will amount to negligent act under the law of negligence. Every job requires specialized skills and learning. Persons involved in the exercise of the required competence could be held liable in the event of negligence if they had not taken such special precautions.Medical Negligence In Common Law

In English law, the rule is “imperitia culpa annumerature” (the lack of competence is considered a defect). In R. Bateman, the responsibility of the doctor and his duties were discussed. The court said that if a doctor claims to be a qualified practitioner, he or she is required to practice the due diligence, care, caution, knowledge and skills required in the treatment. The law requires a reasonable amount of competency, regardless of whether he is qualified or unqualified by a lower standard. He does not have to be committed to treat if the practitioner thinks that it surpasses his abilities. It does not matter whether he provides the service gratuitously or as a reward. The standard of care and ability must be fair and appropriate. It should not be unusually high or very low. Taking into account the healthcare standard to be observed by the physician, other relevant factors must also be taken into account, such as work status, specialization, level of medical knowledge, development, availability of facilities, location, etc. by the English legal system.Medical Negligence In Common Law