synopsis

Title
Negligence of physicians and surgeons

subject
law of torts

name of faculty
Mrs. BVS Suneetha

Student
Prakhardeep
Roll no. – 19LLB055
Semester 1st

Introduction: -

Negligence has always been an important aspect in Tort. To know this briefly let us
first know, what is Tort? Tort refers to that body of the law which will allow an injured
person to obtain compensation from the person who caused the injury, the person
causing the injury and committing the tort referred to at law as tortfeasor. Every
person is expected to conduct themselves without injuring others. When they do so,
either intentionally or by negligence, they can be required by a court to pay money to
the injured party (damages) so that, ultimately, they will suffer the pain cause by their
action. Further moving towards negligence, Negligence is the omission to do
something which a reasonable man, guided upon those considerations which
ordinarily regulate the conduct of human affairs, would do, or doing something which
a prudent and reasonable man would not do, provided, of course, that the party
whose conduct is in question is already in a situation that brings him under the duty
of taking care.

Negligence of physicians and surgeons basically is the misconduct by a medical

practitioner or doctor by not providing enough care resulting in breach of their duties
and harming the patients which are their consumers. A professional is deemed to be
an expert in that field at least; a patient getting treated under any doctor surely
expects to get healed and at least expects the doctor to be careful while performing
his duties. Negligence of physicians and surgeons has caused many deaths as well
as adverse results to the patient’s health.

This project focuses on explaining negligence under various laws, professional

negligence, medical negligence and landmark judgements as well as recent cases in
India. This provides information on liability that can be incurred by the victim of the
medical malpractice. It aims at providing information about the topic to create as
much awareness as possible.

Objective of study: -
 To completely understand the term “Negligence of physicians and surgeons”
in context of Law of Torts.
 To know the difficulty involved in the concept.
 To substantiate and elaborate the concept.

Scope of the study: -

The study is limited to the Negligence of physicians and surgeons, its elements,
its defences and remedies.

Significance of study: -
The study helps us to know the concept of negligence and the part of negligence
related to physicians and surgeons. It also helps us to study different cases through
which the concept has evolved with time. Exceptions to the negligence of physicians
and surgeons has also been discussed in the study/project.

Literature review: -
The student researcher has taken information from various books, web sources,
articles, journals and case laws.

Research methodology: -
This research is based on Doctrinal Research Methodology.

Types of research: -
This research is a critical, explanatory study.

Research question: -
 What are the elements to constitute negligence and how it is applied in
medical profession?
 What are the general defences available against negligence of physicians and
surgeons?