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Volume : III, Issue : II, March - 2013

DOCTORS' DUTY TO TREAT A PATIENT

VENUGOPAL B.S.

Published By : Laxmi Book Publication

Abstract :

The professional relationship that exists between doctor and patient is a contract for service, which emerges from acceptance by a doctor of an offer for treatment made by a patient. A private doctor is not under an obligation to enter into a contractual relation to treat every patient who approaches him. Even an emergency is also not an exception to this. An attempt is made here how for such a duty can be imposed on private doctors. As the legal position stands now only government doctors are duty bound to extend the medical attendance to patients in emergency as well as non-emergency situations, because of their contract with the government who appoints them. The legal position under English law is the same. As contemplated in the National Health Service Act, only the government doctors are duty bound to treat the patients who approach them for treatment. It is a statutory obligation.

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Cite This Article :

VENUGOPAL B.S., (2013). DOCTORS' DUTY TO TREAT A PATIENT. Indian Streams Research Journal, Vol. III, Issue. II, http://oldisrj.lbp.world/UploadedData/2149.pdf

References :

  1. 1See I. Kennedy & A Grubb, “Medical Law”, London, 2nd edition, p.129 (1994), Pfizer Corporation v. Ministry of Health [1965]1 All E.R. 450 (H.L.)
  2. A.I.R. 1989 S.C. 2039
  3. A.I.R. 1996 S.C. 2426
  4. See Angela Roddy Holder, “Medical Malpractice Law”, New York, 2nd edition, p.7
  5. Muralidharan Nair v. Antony, 1985 K.L.T.1

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