Analyzing the Damages and Compensation caused by Hospitals in Medical Negligence Cases- a Socio-Legal Study

Abstract

The writers of this study work have sought to identify the criteria for finding medical
professionals guilty of medical negligence. Some of the factors, such as Duty of Care, etc.,
have been covered in great detail. The paper is written entirely from the perspective of
patients who suffer serious consequences as a result of their doctor's incompetence. Here, a
lot of research has been done on foreign case laws, particularly the Bolam test. The writers
also learned that there are quite a few different ways that compensation in cases of medical
negligence has been determined for such a long time. Specifically, the Just and Fair Method,
Multiplier Method, and Lump-Sum Method have been considered. The issues with each of
these strategies have also been examined by the authors, who have also offered remedies.
This article also discusses a number of case laws that have influenced the methodology for
awarding compensation, including the Nizam Institute Case and the Kunal Shah Case.