The circumstance in which Liability of doctors Arise In Case Of Medical Negligence.

Medical Negligence is simply failure to exercise due care. The three ingredients of negligence are as follows:

1. The defendant owes a duty of care to the plaintiff
2. The defendant has breached this duty of care.
3. The plaintiff has suffered an injury due to his breach.

1. Medical professionals owes a duty of care to the patients immediately when patient-doctor relationship established: It is the duty of doctor to take reasonable care of patient exactly the prudent person would do in similar circumstances. What courts expects is that medical professionals must possess reasonable and ordinary skill, not extra-ordinary skill.

2. Breach of duty/Deficiency in service: It implies gross failure to take reasonable care. It is unreasonable for the doctor to start particular treatment without getting his consent. In one of the case national consumer dispute redressal commission highlights the distinction between medical negligence and error of judgement. For the negligence of the patient, doctor is not liable.

3. As a result of medical negligence the patient must suffered damages: The patient can only sue the doctor, when negligence caused loss to him. Depending upon the degree of damages, negligence can be classified into: