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Chapter-37 Doctor–Patient Relationship and Medicolegal Negligence

BOOK TITLE: Clinical Surgery: A Text and Atlas

Author
1. Gupta Amit
2. Chumber Sunil
3. Haldar Sajal
ISBN
9789351526797
DOI
10.5005/jp/books/12698_38
Edition
1/e
Publishing Year
2016
Pages
3
Author Affiliations
1. JPN Apex Trauma Center, All India Institute of Medical Sciences, New Delhi, India, Center for Diabetes and Allied Sciences, Gurugram, Haryana, India, Division of Trauma Surgery and Critical Care, Jai Prakash Narayan Apex Trauma Center (JPNATC), All India Institute of Medical Sciences, New Delhi, India, Promhex Multispeciality Hospital, Greater Noida, Uttar Pradesh, India, Centre for Diabetes Care, Greater Noida, Uttar Pradesh, India, Divine Cosmetic Surgery, New Delhi, India, Medlink Healthcare, Patiala, Punjab, India, Greater Noida, Uttar Pradesh, India, Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow, Uttar Pradesh, India
3. Sir Ganga Ram Hospital, New Delhi, India, Moolchand Medicity, New Delhi, India
Chapter keywords
Communication, beneficence, non-maleficence, confidentiality, euthanasia, trust, ethics, negligence, damage, conflict, litigation

Abstract

This chapter discusses the establishment of a doctor-patient relationship and its fundamental basis. The practice of medicine establishes a special relationship between the doctor and patient based on trust, keeping in mind the inequality of knowledge between doctor and patient, and the vulnerability of the patient in times of ill health. In anesthetized patients or those undergoing intensive care, treating clinician must act for the patient, must take decisions, which will affect patient’s life, comfort and the degree to which he may be able to function in future. The chapter briefly discusses the ethical and unethical practices associated with the medical profession. Negligence takes place where a doctor fails to take proper patient care and damage may result. Medical litigation often occurs in well-recognized circumstances. Some methods to avoid/reduce medical litigation are: teaching of clinical ethics, review of mistakes and proper doctor-patient communication.

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