Negligence may be defined as doing something which a prudent and reasonable man would not do or omission to do something which a prudent and reasonable man would do, in a given situation. Although medical accidents and misadventures are an expected social phenomenon, medical negligence is not. Medical negligence is the breach of a duty of care towards a patient which results in, harm to a patient. This could be by an act of commission or omission by the medical staff.
This duty is owed by all those professionals who hold themselves out as skilled in medical, nursing and paramedical fields. It arises independently of any contractual relationship. Medical negligence is established when four main criteria are satisfied. They are:
- The doctor owes a duty of care to the patient
- There is a breach of this duty by an act of commission or omission,
- A causal relationship exists between the breach of the duty and the damage caused to the patient, and,
- Damage or harm is caused to the patient.
For a successful action of medical negligence,
