The question (12 marks)
Define medical negligence and explain the standard by which it is judged. Elaborate the defences available to a doctor against an allegation of negligence, using decided cases. (12 marks)
MU Module III, negligence in medical practice; pack ch. 03.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Medical Negligence and Remedies of Law and Medicine.
Authorities you will need
- Jacob Mathew v State of Punjab
- Laxman Balkrishna Joshi v Trimbak Bapu Godbole
- Bolam v Friern Hospital Management Committee [1957] 1 WLR 582; Maynard v West Midlands Regional Health Authority
- Whitehouse v Jordan, approved in Spring Meadows Hospital v Harjol Ahluwalia
- Roe v Minister of Health; Hatcher v Black
- Kusum Sharma v Batra Hospital
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.