Surgical Error and Medical Negligence: A Comparative Legal Perspective
In healthcare, surgical errors and medical negligence are extremely major issues that often cause a lot of damage to patients and legal issues. This research contrasts the legal perspectives on surgical error and medical carelessness by means of the legal systems, doctrines, and practices in other nations. Surgical mistakes can happen for a number of reasons, such as bugs in the technology, bad communication, or problems with the system as a whole. On the other hand, medical neglect happens when a doctor or nurse doesn't give the patient the level of care that is reasonable for a professional, which puts the patient at risk. In the context of surgery mistake and medical carelessness, the paper talks about important legal ideas like duty of care, failure of duty, cause, and damages. Laws that are very different from each other are talked about, with a focus on civil law and common law countries. The piece looks into how the legal system works, how accusations of medical scams are handled, and what role expert proof plays in cases. It also shows the different amounts of money that patients are paid and how healthcare laws affect lawsuits for breaking the law. The study goes into great detail about the duties of healthcare workers and groups, focussing on how strict standards can help lower the number of surgery mistakes and cases of carelessness. It also talks about the difficulties of being a doctor in a dangerous place and the legal duties that come with that. This paper looks at the laws and court systems of several countries to show how complicated surgery mistakes and medical carelessness really are. To better protect people and healthcare workers, laws and policies should also be changed. The results should help make sure patients are safe and give justice to people who have been hurt by medical mistakes.
Authors
- Iype Cherian (ORCID: https://orcid.org/0000-0003-1750-7740)
- Umesh Chougule
- Sanved Kolekar (ORCID: https://orcid.org/0000-0001-7238-8807)
- Reena Garg (ORCID: https://orcid.org/0009-0007-6394-7882)
- Abhijeet Rajan
Publication Details
- Journal
- Journal of Neonatal Surgery
- Published
- 2025-02-10
- DOI
- https://doi.org/10.52783/jns.v14.1649
- Primary Topic
- Medical Malpractice and Liability Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00