Duty of Care Archives

Oral consent given under anaesthesia or state of limited capacity, cannot be considered informed consent: Peshawar High Court

In this case, wherein a plastic surgeon made a significant departure from the originally contemplated procedure of simple debridement and decided to amputate the plaintiff’s injured finger, the Court discussed the necessity of informed consent, a doctor’s duty of care and burden of proof in medical negligence cases.

Case Briefs High Courts

“When things go wrong, it is not always the doctor’s fault”; Kerala High Court acquits medical staff in negligence case

Kerala High Court acquitted the medical staff convicted by the Trial Court in medical negligence case and held that sufficient evidence is needed to prove death due to medical negligence, and that a medical professional cannot be held liable for mischance or misfortune.

Case Briefs Foreign Courts

Can a ‘snow clearing’ decision of a city subject it to owing duty of care to a citizen who got injured due to such decision? SC of Canada explains

City of Nelson held responsible for injuries caused by its snow clearing decisions: Is it true? Supreme Court of Canada: While focusing