Discuss in detail Medical Negligence with the help of decided case laws.

Medical negligence, also known as medical malpractice, occurs when a healthcare provider fails to provide the standard of care expected in their profession, resulting in harm or injury to the patient. This breach of duty can occur through errors in diagnosis, treatment, surgery, medication, or failure to provide appropriate care. Here's a detailed discussion of medical negligence with the help of decided case laws:

1. Bolam v. Friern Hospital Management Committee (1957):

   • This landmark case established the "Bolam Test" for assessing medical negligence. The court ruled that a doctor is not guilty of negligence if they acted in accordance with a practice accepted as proper by a responsible body of medical professionals skilled in that particular field. However, if a doctor's practice is not supported by a responsible body of medical opinion, they may be found negligent.
   • This case highlights the importance of medical standards and expert opinion in determining whether a healthcare provider breached their duty of care.

2. Bolitho v. City and Hackney Health Authority (1997):

   • In this case, the House of Lords clarified that the Bolam Test should be applied with caution and that a court can reject expert medical opinion if it is not logical or defensible.
   • The court emphasized that while deference should be given to medical expertise, the ultimate determination of negligence rests with the court, which must assess whether the medical opinion is reasonable and logical.

3. Rogers v. Whitaker (1992):

   • This Australian case established the "Rogers Test," which focuses on the patient's perspective and requires healthcare providers to disclose any risks that a reasonable person in the patient's position would consider significant.
   • The court held that failure to inform a patient of material risks associated with a proposed treatment constitutes negligence, regardless of whether the medical profession would consider the risk significant.

4. Montgomery v. Lanarkshire Health Board (2015):

   • In this UK case, the Supreme Court reaffirmed the importance of patient autonomy and informed consent in medical practice.
   • The court held that doctors have a duty to take reasonable care to ensure that patients are aware of material risks associated with treatment options, even if those risks are rare or unlikely to occur.

5. Jacob Mathew v. State of Punjab (2005):

   • In this Indian case, the Supreme Court emphasized the need for a cautious approach in assessing medical negligence and highlighted the importance of establishing a clear standard of care.
   • The court held that a doctor is not liable for negligence if they acted in accordance with a practice accepted as reasonable by a body of medical professionals, provided that practice is logical and rational.

These cases illustrate the complex legal principles involved in medical negligence claims and highlight the importance of establishing a breach of duty, causation, and damages in proving a claim. They also underscore the evolving nature of medical negligence law and the need for ongoing judicial interpretation to ensure that patients' rights and interests are protected in healthcare settings.