Volume : III, Issue : VII, July - 2014

The Profession of the Living God in Question

Dr Madhubrata Mohanty

Abstract :

This article is an attempt made by the author in the form of an appeal to the noblest professionals of this world,i.e., the doctors, whom we consider as the living God, to be kind enough towards their patients while treating them. The profession of the doctors is considered as the noblest one because since the inception of the human civilization people consider them as their savior from all kinds of sufferings and miseries next to God. The relationship between a doctor and a patient is that of a fiduciary relationship means a relationship of trust and confidence which should not be betrayed by any of the parties, but now days there is a drastic decline in the standard of the medical profession that results increasing number of litigations against the doctors for being negligent.In this paper the author has tried to show the instances of medical negligence which ought the Godly profession in the dock through the judicial response to the sensitive issue. The matters relating to medical negligence were always dealt under the provisions of various penal laws but with the efflux of time the long pendency of cases in the regular courts lead to think for an alternative remedy by the judiciary which ultimately took the shape after the judgment of theSupreme Court in the case of Indian Medical Association v. V. P. Shantha& others that held that the medical practitioners of government hospitals, private hospitals as well as nursing homes are covered under the consumer law and thus could also be tried under the Consumer Protection Act (CPA), 1986. This judgment of far reaching importance is found to be much helpful for theaggrieved patients because of the facts that theydo not have to wait for years together and to spend considerable amount of money in getting the relief.

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Article: Download PDF   DOI : 10.36106/ijar  

Cite This Article:

Dr Madhubrata Mohanty The Profession of the Living God in Question Indian Journal of Applied Research, Vol.4, Issue.7 July 2014

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