In
cases
of
medical
negligence
against
doctors,
the
presence
of
three
ingredients
are
essential
for
establishing
medical
negligence
which
are
as
follows;
•
•
•
The
existence
of
a
duty
to
take
care,
which
is
owed
by
the
doctor
to
the
complainant;
The
failure
to
attain
that
standard
of
care,
prescribed
by
the
law,
thereby
committing
the
breach
of
such
duty;
Damage,
which
is
both
causally
connected
with
such
breach
and
recognized
by
the
law,
has
been
suffered
by
the
complainant.
The
existence
of
a
duty
to
take
care,
which
is
owed
by
the
doctor
to
the
complainant;
When
Does
A
Duty
Arise
And
What
is
The
Duty
Owed?
competent
member
of
the
profession
who
professes
to
have
those
skills
would
exercise
in
the
circumstance
in
question."
It
is
the
requirement
that
the
conduct
of
the
doctor
be
reasonable
and
need
not
necessarily
confirm
to
the
highest
degree
of
care
or
lowest
degree
of
care
and
competence,
but
a
reasonable
degree
of
care
and
competence
is
expected
which
a
rational
person
in
the
said
situation
guided
by
same
skills
and
competence
shall
do.
It
is
used
to
refer
to
what
actually
amounts
to
reasonableness
will
depend
on
given
facts
and
circumstances
at
that
particular
of
time.
Also,
the
Courts
in
India
had
observed
that
what
amounts
to
reasonableness
changes
with
time
and
a
doctor
is
expected
to
constantly
update
its
knowledge
to
meet
that
standard
expected
of
him
while
performing
his
duties.
It
is
well
known
that
a
doctor
owes
a
duty
of
care
towards
his/her
patients.
This
duty
can
either
be
a
contractual
duty
or
a
duty
arising
out
of
tort
law.
The
duty
owed
by
a
doctor
towards
his/her
patients,
is
to
"bring
to
his
task
a
reasonable
degree
of
skill
and
knowledge"
and
to
exercise
"a
reasonable
degree
of
care”
while
performing
his
duties.
The
doctor
should
ensure
that
every
patient
who
comes
to
him/her,
needs
to
be
cured
with
reasonable
care
and
competence.
In
cases
of
medical
negligence,
once
the
existence
of
patient
and
doctor
relationship
has
been
established
which
arises
the
duty
of
care
by
doctors
towards
his/her
patients,
the
patient
suffering
the
injury
need
to
prove
the
Reasonable
Degree
of
Care-
Meaning
Reasonable
degree
of
care
and
skill
means
that
the
degree
of
care
and
competence
that
an
"ordinary
When
does
the
liability
arises?
The
liability
of
a
doctor
arises
when
the
patient
has
suffered
any
injury
which
is
consequence
of
breach
of
the
duty
by
doctors.
The
probable
cause
for
the
injury
of
the
patient
has
to
be
the
conduct
of
the
medical
practitioner
which
has
fallen
below
the
reasonable
care
and
competence
as
expected
from
any
medical
practitioner
professing
that
skills
and
knowledge.