Cases of Contributory Negligence in relation to Medical Practice in India-An appraisal

Abstract

Negligence means causing damage by breach of legal duty to take care which the defendant owed to the plaintiff. Contributory negligence is specific kind of defence to a case of negligence. Common rule is that, anyone who by his own contributed negligence received injury of which he complains cannot maintain an action against other party in respect of that incident.  In India, medical profession is like a business. The law of professional negligence is equally applicable to medical profession also. A patient is considered as a ‘Consumer’ and the getting treatment is ‘Service’. Therefore, a patient can approach to the legal authority against the negligent doctor, who is supposed to provide proper remedy.  Contributory negligence has proved to be a successful defence in medical negligence cases. However, our judiciary is quite aware of this rule. In many cases, where it has been found that the injury received was due to complainant’s own negligence, the court dismissed the petition or apportioned the compensation between patient and doctor.