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Forensic Medicine

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Medical Jurisprudence

Question
29 out of 42
 

Death of a patient due to an unintentional act by a doctor, staff or hospital is: (AIIMS May 2012)



A Therapeutic misadventure
B Vicarious liability

C Therapeutic privilege
D Diminished liability

Ans. A
Therapeutic misadventure

(Therapeutic misadventure is a mischance or an accident or a disaster. Therapeutic misadventure is a case in which n individual has been injured or had died due to some unintentional act by a doctor or agent of the doctor or hospital.

Vicarious liability is liability for act of others i.e. an employer is responsible not only for his own negligence but also for the negligence of his employee by the principle of respondent superior (let the master answer), provided there (1) Must be employer-employee relationship, (2) While on job, (3) Employee conduct within the job of employment. Therapeutic privilege is an exception to the rule of ‘full disclosure’ i.e. the doctor can use his discretion as to the facts that he discloses or of not telling the patient about the risks involved in treatment or about the diagnosis, e.g. in cases where patient is fearful, emotionally disturbed, psychotic or psycho-neurotic. The doctor should carefully note his decision in the patient’s records mentioning the reasons.

Medical Jurisprudence Flashcard List

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