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INTERNATIONAL JOURNAL OF SCIENTIFIC DEVELOPMENT AND RESEARCH International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2455-2631 | Impact factor: 8.15 | ESTD Year: 2016 open access , Peer-reviewed, and Refereed Journals, Impact factor 8.15 |
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| Paper Title: | NEGLIGENCE AND DRUGS IN MEDICAL LAW |
| Authors Name: | HARSH BANSAL |
| Unique Id: | IJSDR2307020 |
| Published In: | Volume 8 Issue 7, July-2023 |
| Abstract: | Negligence and the use of drugs in medical practice are two critical areas of concern in the field of medical law in India. This paper provides a review of the relevant case law and statutes related to negligence and drugs in medical law in India .Negligence is defined as the failure to exercise reasonable care in the performance of one ’s duties . In the medical context , negligence can occur when a healthcare provider fails to meet the standard care expected of them, resulting in harm or injury to the patient. The legal standard of care expected of healthcare provider in India is that of a reasonable, prudent, and competent professional, taking into consideration the available resources and circumstances .One important case related to medical negligence is the Indian Medical Association v. V.P. Shantha case . In this case , the Supreme Court of India held that doctors have a duty to obtain informed consent from patients before performing any medical procedure or administering any medication. Failure to obtain informed consent can be considered negligence and can result in liability for damages .The use of drugs in medical practice is another important area of concern in medical law in India. The Drugs and Cosmetics Act, 1940, regulates the import, manufacture, distribution, and sale of drugs in India. The act requires that all drugs be approved by the Drugs Controller General of India (DCGI) before they can be sold or distributed in the country . In addition , the Narcotic Drugs and Psychotropic Substances Act , 1985, regulates the use of narcotic drugs and psychotropic substances in India. The act prohibits the manufacture, sale, and use of certain drugs, and imposes strict penalties for violations.Medical negligence and the use of drugs in medical practice are important areas of concern in medical law in India. Healthcare providers have a duty to exercise reasonable care in the performance of their duties and to obtain informed consent from patients before administering any medication or performing any medical procedure. |
| Keywords: | The Narcotic Drugs and Psychotropic Substances Act, 1985 ,The Drugs Controller General of India |
| Cite Article: | "NEGLIGENCE AND DRUGS IN MEDICAL LAW", International Journal of Science & Engineering Development Research (www.ijsdr.org), ISSN:2455-2631, Vol.8, Issue 7, page no.142 - 145, July-2023, Available :http://www.ijsdr.org/papers/IJSDR2307020.pdf |
| Downloads: | 000338536 |
| Publication Details: | Published Paper ID: IJSDR2307020 Registration ID:207573 Published In: Volume 8 Issue 7, July-2023 DOI (Digital Object Identifier): Page No: 142 - 145 Publisher: IJSDR | www.ijsdr.org ISSN Number: 2455-2631 |
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