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Author Name: Anoop K Kaushal
Publication Year: 2016
The human body remains one of the greatest creations of Almighty on earth. Since evolution, man has endeavored to keep himself rooted with the gifts of nature to maintain good health and longevity. But, disease and death are inevitable. Physical discomfort, disablement or death suspected to be caused by human action or inaction creates fundamental conflicts of mutual co-existence. Jurisdictions all over the world apply similar parameters for determination of liability in such eventful episodes of medical negligence. Medicine is said to be an inexact science. Therefore, each case has its own peculiar impact. Based on the pathophysiology of the disease, its prognosis, known complications, morbidity, mortality, palliative care, and the prevailing protocols of clinical practices for its management, the adjudication of the dispute is arrived at. The book entails its focus on discussing a large number of diseases so that the judicial pronouncements on the merits involved, reach every reader.
After having enrolled with the Bar Council of Delhi in the year 1988, as a litigation counsel handling briefs involving medical negligence, mediclaims, life insurance claims, and allied matters, the author was one of the first non-medical writers on the subject in the country, and first edition was published in the year 1995. Trying to create an equilibrium while handling cases from the patient's side as well the doctors, author's exposure to the magnitude of health care concepts humbled him further, realizing that issues behind the allegations of professional misconduct by health care providers could not always be termed as trivial, and that in the absence of well-defined code, the precedent based administration of justice was the foundation and strength in our jurisdiction for protection of the rights of the patients on the one hand and privileges of the doctors on the other. The Consumer Protection Act, 1986 virtually became the applied law on the subject and the author its permanent student.
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