Negligence is the breaking of a legal obligation to care and in this case in medical care (Kimmelman, Weijer, and Meslin, 2009, p.4). This implies that much carelessness where one is compelled by law to be very careful. It is also be defined as scenario where a medical professional fails to meet the laid out standards of good practice in the medical field which the particular professional practices. It is evident in cases where the practitioner does something that would not have been done by another qualified practitioner resulting into unnecessary death or injury to a patient (Beauchamp and Childress, 2001, p. 23).
There are many legal suits that have been filled especially in India, the UK, the US just to mention but a few where patients have sued doctors of medical negligence. All medical practitioners who have been licensed to advice and treat are usually under an implicit statement that ascertains they have the knowledge and skill to do so. They have the right to decide whether to accept a case, decide on treatment, and administer the same. In medical profession, this is called implied ‘undertaking’.
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