Passive euthanasia should be permitted in India in certain situations. The doctor took umbrage to the fact that the child has been kept in his ward without his permission and forced her to leave the ward. Indian Penal Code 2. It can also be taken by the doctors attending the patient. In all the other kinds of mercy killing, physician-assisted euthanasia, voluntary euthanasia, active euthanasia is illegal. The types of torts? You must have JavaScript enabled in your browser to utilize the functionality of this website. The decision of House of Lords on Maynard v. West Midlands Regional Health Authority, by a Bench consisting of five Law Lords has been accepted as having settled the law on the opinion which considers that decision of the defendant professional was a wrong decision, if there also exist a body of professional opinion, equally competent, which supports the decision as reasonable in the circumstances. A breach of any of these duties gives a right of action for negligence to the patient. He was admitted to the emergency ward of the G.B. Similarly in Aparna Dutta v. Apollo Hospital Enterprises Ltd., the plaintiff was living with her husband in Saudi Arabia. In the case of Achutrao a towel was left inside a woman’s peritoneal cavity while she was operated for sterilisation in a Government hospital causing peritonitis which resulted in her death. 2. The defendant. The most familiar health care tort is termed “professional negligence.” In fact there is only one tort, negligence. Winfield, while quoting the famous statement of Earl, C.J., in the case of Scott v. London and St. Katherine Docks Co., stated that there are two requirements for applying the maxim of res ipsa loquitor: 1. The appeal was dismissed. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Leaving foreign matter in the body during operation was held to be a case of res ipsa loquitor. Intentional Torts in Healthcare (graded) Select one of the intentional torts discussed in your text and provide an example of how this tort takes place in healthcare. He and his wife were the beneficiaries of CGHS. A legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope of the duty. A medical professional does not assure his patient of the result. The test covers the entire field of liability of a doctor namely liability in respect of diagnosis; liability in respect of a doctor’s duty to warn his patients of risks inherent in treatment, liability in respect of operating upon or giving treatment involving physical force to a patient who is unable to give his consent; and liability in respect of treatment. The harm need not be intended, but the act must be intentional, not merely careless or reckless. He should be alert to the hazards and risks in any professional task he undertakes to the extent that other ordinarily competent members of the profession would be alert. In these circumstances this hardship can be avoided by the application of the maxim ‘res ipsa loquitor’. However, the decision should be taken bonafide in the best interest of the patient. The classic intentional tort in medical practice is forcing unwanted medical care on a patient. But certainly the rules and regulations should not be made so strong so as completely take a away the freedom of the doctor to treat the patients. 2. The type of unintentional tort described in the case. There was no proper diagnosis and if the surgeon had not performed this operation, the plaintiff could have been saved from the brain damage. 5 lakhs to the parents. Here Ms. Akli would have been infected with the dreaded disease if the marriage had taken place and consummated. Intentional torts are intentional actions that result in harm to the plaintiff. Someone is negligent if they unintentionally cause … Most intentional torts are also crimes. Joint Director of Health Services, Shivagangal v. Sonal, was another case where the wife of the plaintiff underwent a family planning operation and was discharged the same day. The doctor who performed the operation and the hospital were held liable to pay compensation of Rs. This seems to be direct contravention of inherent human rights, because if the child was not severely ill treatment without consent would be regarded as degrading treatment at the worst and breach of a person’s physical integrity at best; but in this case will most likely result in the termination of the child’s life. In Jasbir Kaur v. State of Punjab, a newly born child was found missing in the night from the bed in S.G.T.B.Hospital, Amritsar. Claimant was made aware by the hospital abut chances of pregnancy even after operation. The hospital’s doctor while treating the lumps removed her uterus without justification. L.R. The owner of the house sued the corporation for the damages. In effect the judges take notice of the common experience of mankind. This may, however, be a negligent act. It was held to be a case of deficiency in service for which the opposite party was directed to pay Rs. There are many types of intentional tort with the most common being: 1. It is important to note that the Supreme Court held that the parents of the child were consumers having hired the services, and the child was a consumer as the beneficiary of such services. A person who holds himself out ready to give medical advice and treatment impliedly undertakes that he is possessed of skill and knowledge for the purpose. Hence, even if a decision is taken by the near relatives or doctors, or next friend to withdraw life support, such a decision requires approval from the High Court concerned. Soon after the transfusion of this blood she lost her eyesight and later died. Trespassing – the act of using or occupying another person’s real property without permission. There are patients who have suffered due to negligence but have not made a complaint either due to their own unawareness or due to long proceedings etc. A breach of duty is committed by a doctor when he does not perform the standard and degree of care like reasonable doctor of his time or as a member of his class. A duty of care in the administrating that treatment properly. v. Dr. R.L. A two judge bench of Supreme Court in P. Rathinam Nagbhusan Patnaik v. Union of India held that a person has a right not to live a forced life and attempt to suicide is not illegal. It was further observed that the medical officer’s service was not a persona service so as to constitute an exception to the application of the Consumer protection Act. The Supreme Court held the doctor guilty of negligence. The requirement is that mere happening of the accident should tell its own story and raise the inference of negligence on the part of the defendant. Intentional torts are a wrongful act that someone plans, carries out, and is fully aware of their actions. That the thing causing the damage be under the control of the defendant or his servant - The first requirement is that the happening of the accident must be evidence of negligence on the part of the defendant or of someone for whose negligence he is responsible. This can involve violence with the intent to injure, but also includes acts which although not intended to injure, still interfere with a person’s autonomy and the right to security and dignity. The treatment resulted in shock and caused the death of the patient. Check your knowledge of tort law using this interactive, printable worksheet. The doctor has discretion in choosing the treatment which he proposes to give to the patient and such discretion is relatively ampler in cases of emergency. A duty of care in deciding what treatment to give. Services rendered to the patient by a medical practitioner except where doctor renders service free of charge to every patient or under a contract of personal service by way of consultation, diagnosis and treatment, both medicinal and surgical, would fall under the ambit of ‘service’ as defined in section 2(1)(o) of the Consumer Protection Act. A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art. The burden of proof then shifts towards the doctor to prove that he acted reasonably, to the best of his abilities and in the best interest of the patient. All tortious charges of intentional interference with person/property involve intent, which provides for a civil wrong, knowingly committed by the offender. Later on she complained of pain and therefore subsequent operation was performed and the abdominal pack left behind was removed. This is also known as “stealing” in many jurisdictions. 3. In T. T.Thomas v. Elissar, the facts that the plaintiff’s husband was admitted in the hospital due to severe abdominal pains. This case treats negligence as a type of conduct and not a particular state of mind. Negligence implies absence of intention to cause the harm complained of. Ashim Saha succumbed to his injuries. Physician-assisted suicide is a crime under section 306 IPC (abetment of suicide). Objective Theory – According to this theory of Pollock, negligence is a type of conduct which a reasonable man can avoid with a reasonable degree of care and caution. in Eckersley v. 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