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How is causation used in medical negligence law?
Negligence law does, however, put its understanding of causation to a specific purpose, namely establishing a causal link between a particular instance of negligence and a particular harmful outcome. [7] The understanding of the day to day meaning of the word causation is different from the legal interpretation of causation.
How is medical negligence a problem in India?
The magnitude of negligence or deliberate conduct of the medical professionals has many times led to litigation.
How is medical negligence determined by a judge?
However, negligence by doctors is difficult to be determined by judges as they are not trained in medical science. Their decisions are based on experts‟ opinion. Judges apply the basic principles of law in conjunction with the law of the land to make a decision. Reasonableness and prudence are the guiding factors.
Is it hard to prove negligence in medical care?
Yet in the area of medical law it has been very hard to prove negligence except in extreme cases. This seems to be due to the court’s reluctance to find doctor’s negligent for mistakes unless they are gross mistakes.
Last Update: Oct 2021
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