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SYNOPSIS
LITERATURE REVIEW INTRODUCTION: I have written a literature review on torts, there are various topics in law of torts. I chose the medical negligence as my topic for doing literature review over it. Negligence can be described as failure to take due care, as a result of which injury ensues. Negligence excludes wrongful intention since they are mutually exclusive careless is not culpable or a ground for legal liability except in the those cases in which the law has imposed the duty of carefulness . The medical profession is one such section of society on which such a duty has been imposed in the strictest sense. It is not sufficient that the medical professional acted in good faith to the best of his or her judgment and medical negligence is well settled that in cases of gross medical negligence the principle of ‘ res ipso loquitor. Doctors duty to attend to a patient and should take care of patient. OBJECTIVE OF THE STUDY: To know the knowledge and practices adopted by medical professional in relation to medical negligence and the consumer protection Act and to identify if there is any lacking the quality or quantity required. Opinions of various medical professionals on medical negligence cases decided in various consumer forums in India. RESEARCH QUESTION: Whether present consumer protection Act is enough for control the negligence in medical profession LITERATURE REVIEW: The research has been taken from various books, web resources , articles and journals. RESEARCH METHODOLOGY: The study is based on doctrinal method of research. SCOPE OF THE STUDY: The study is limited to literature review on medical negligence SIGNIFICANCE OF THE STUDY: The study is helps us to know the concept of literature review on medical negligence of law of torts. It also helps to study different case law by which the concept has been evolved. It helps to know about the various duties to perform the medical professions.
