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DETERMINATION OF DAMAGES AND COMPENSATION IN MEDICAL NEGLIGENCE CASES

By Jay Kumar Gupta, Utkarsh V. Kumar, Rahul Agrawal & Aditya Harsh


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Abstract
In this research paper, authors have tried to find out the determining factors for convicting the medical professionals for medical negligence. Some of the factors like Duty of Care, etc. have been discussed quite elaborately. The paper is totally in the view of the patients who get severely affected due to their physician’s negligence. Foreign case laws including Bolam test has been widely researched here.
The authors also found out a considerable number of methods by which compensation in medical negligence cases has been calculated since so long. Mainly, three methods have been discussed like Just and Fair Method, Multiplier Method, and Lump-Sum Method. Authors have also discussed about the problems in each of these methods and also provided with solutions for the same. Various case laws which have shaped the compensation determining strategy like Kunal Shah Case, Nizam Institute Case etc. have also been discussed here.
Keywords
Medical negligence, Compensation, Damages, Bolam test, Tort.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 361-375
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Copyright© 2021- Lex Humanitariae: Journal for a Change