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Forensic Medicine Misc. 8bd1bbdf

A loss which occur due to an error in judgement or carelessness or caution over duty of doctor is dealt under

A
Criminal negligence
B
Civil negligence
C
Contributory negligence
D
Corporate negligence
High-Yield Explanation
(A) Criminal negligence # CRIMINAL NEGLIGENCE may arise:> When a doctor shows gross absence of skill or care during treatment resulting in serious injury to or death of the patient, by acts of omission or commission.> When a doctor performs an illegal act.> When an assaulted person dies, the defence may attribute the death to the negligence or undue interference in the treatment of the deceased by the doctor.> Defences against Negligence: No duty owed to the plaintiff. Duty discharged according to prevailing standards. Misadventure Error of judgement Contributory negligence Res judicata (S. 300, Cr. P.C). If a question of negligence against a doctor has already been decided by a Court in a dispute between the doctor and his patient, the patient will not be allowed to contest the same question in another proceeding between himself and the doctor.> Limitation: A suit for damages for negligence against the doctor should be filed within two years from the date of alleged negligence. A suit filed after two years will be dismissed as being beyond the period of limitation.

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