Professional Negligence (Malpraxis)

PROFESSIONAL NEGLIGENCE (MALPRAXIS)

Q. 1

After the unexpected death of a 17 year old boy on the ward the relatives claimed that it is due to the negligence of doctor. According to recent ruling of supreme court he is punishable under IPC 304 A only if there is:

 A

Inadvertent negligence

 B

Negligence as per doctrine of res ipsa loquitor

 C

Negligence in corporate hospital

 D

Gross medical negligence

Q. 1

After the unexpected death of a 17 year old boy on the ward the relatives claimed that it is due to the negligence of doctor. According to recent ruling of supreme court he is punishable under IPC 304 A only if there is:

 A

Inadvertent negligence

 B

Negligence as per doctrine of res ipsa loquitor

 C

Negligence in corporate hospital

 D

Gross medical negligence

Ans. D

Explanation:

A doctor is punishable under IPC 304 A if there is evidence of gross medical negligence / criminal negligence.

According to this act, whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment upto 2 years or with fine or both.

Criminal negligence occurs when the doctor shows gross lack of competence or gross inattention or inaction, gross recklessness, or wanton difference to the patients safety or gross negligence in the selection and application of remedies.


Q. 2

Which of the following is meant by the word ‘malpraxis’?

 A

Parental negligence

 B

Professional negligence

 C

Transplantation of human organs

 D

Protection of human rights

Q. 2

Which of the following is meant by the word ‘malpraxis’?

 A

Parental negligence

 B

Professional negligence

 C

Transplantation of human organs

 D

Protection of human rights

Ans. B

Explanation:

Professional negligence or malpraxis is defined as absence of reasonable care and skill, or wilful negligence of a medical practitioner in the treatment of a patient, which causes bodily injury or death of the patient. 
 
Negligence is defined as doing something that one is not supposed to do , or failing to do something that one is supposed to do.
 
Ref: The Essentials of Forensic Medicine and Toxicology by K S Narayan Reddy, 27th edition, Page 30.

Q. 3

All of the following conditions of defence available to a doctor against allegation of negligence except

 A

Medical maloccurrence

 B

No fee for treatment charged

 C

Therapeutic misadventure

 D

Res Judicata

Q. 3

All of the following conditions of defence available to a doctor against allegation of negligence except

 A

Medical maloccurrence

 B

No fee for treatment charged

 C

Therapeutic misadventure

 D

Res Judicata

Ans. B

Explanation:

B i.e. No fee for treatment charged


Q. 4

A patient died and relatives complain that it is due to negligence of doctor. According to a recent Supreme Court judgement, doctor can be charged for Medical Negligence

under section 304-A, only if:

 A

If he is from corporate hospital

 B

If negligence is from inadvertent error

 C

Gross negligence

 D

Res Ipsa Loquitor

Q. 4

A patient died and relatives complain that it is due to negligence of doctor. According to a recent Supreme Court judgement, doctor can be charged for Medical Negligence

under section 304-A, only if:

 A

If he is from corporate hospital

 B

If negligence is from inadvertent error

 C

Gross negligence

 D

Res Ipsa Loquitor

Ans. C

Explanation:

C i.e. Gross negligence

A/t recent supreme court judgement, doctor can be charged for medical negligence under section 304-A IPC (ie criminal negligence), only if he shows gross lack of competence/ skills, gross inattention, or inaction or recklessness or wanton (gross) indifference to the patient’s safety or gross negligenceQ


Q. 5

If death of a patient occurs during surgery due to the negligence of the surgeon, then he can be charged under:  

COMEDK 07; DNB 09; NEET 14

 A

299 IPC

 B

300 IPC

 C

304-A IPC

 D

304-B IPC

Q. 5

If death of a patient occurs during surgery due to the negligence of the surgeon, then he can be charged under:  

COMEDK 07; DNB 09; NEET 14

 A

299 IPC

 B

300 IPC

 C

304-A IPC

 D

304-B IPC

Ans. C

Explanation:

Ans. 304-A IPC


Q. 6

According to recent SC judgment, doctor can be charged for medical negligence under 304-A, only if:

AIIMS 12

 A

He is from corporate hospital

 B

Negligence is from inadvertent error

 C

Simple negligence

 D

Gross negligence

Q. 6

According to recent SC judgment, doctor can be charged for medical negligence under 304-A, only if:

AIIMS 12

 A

He is from corporate hospital

 B

Negligence is from inadvertent error

 C

Simple negligence

 D

Gross negligence

Ans. D

Explanation:

Ans. Gross negligence


Q. 7

In civil negligence cases against the doctor, the onus of the proof lies with:     

AIIMS 11

 A

Doctor

 B

Patient

 C

First class judicial magistrate

 D

Police not below the rank of sub-inspector

Q. 7

In civil negligence cases against the doctor, the onus of the proof lies with:     

AIIMS 11

 A

Doctor

 B

Patient

 C

First class judicial magistrate

 D

Police not below the rank of sub-inspector

Ans. B

Explanation:

Ans. Patient


Q. 8

Contributory negligence is related with:      

DNB 08

 A

Eggshell skull rule

 B

Master-servant rule

 C

Avoidable consequence rule

 D

Common knowledge rule

Q. 8

Contributory negligence is related with:      

DNB 08

 A

Eggshell skull rule

 B

Master-servant rule

 C

Avoidable consequence rule

 D

Common knowledge rule

Ans. C

Explanation:

Ans. Avoidable consequence rule


Q. 9

Medical negligence in which the patient contributed to the injury complained of:          

DNB 09

 A

Civil negligence

 B

Corporate negligence

 C

Contributory negligence

 D

Criminal negligence

Q. 9

Medical negligence in which the patient contributed to the injury complained of:          

DNB 09

 A

Civil negligence

 B

Corporate negligence

 C

Contributory negligence

 D

Criminal negligence

Ans. C

Explanation:

Ans. Contributory negligence


Q. 10

Contributory negligence is negligence due to:

NEET 13

 A

Doctor only

 B

Patient only

 C

Both doctor and patient

 D

Hospital administrator and doctor

Q. 10

Contributory negligence is negligence due to:

NEET 13

 A

Doctor only

 B

Patient only

 C

Both doctor and patient

 D

Hospital administrator and doctor

Ans. C

Explanation:

Ans. Both doctor and patient


Q. 11

Contributory negligence is a defense in:

AP 08; Delhi 08; Odisha 11

 A

Civil negligence

 B

Criminal negligence

 C

Corporate negligence

 D

Composite negligence

Q. 11

Contributory negligence is a defense in:

AP 08; Delhi 08; Odisha 11

 A

Civil negligence

 B

Criminal negligence

 C

Corporate negligence

 D

Composite negligence

Ans. A

Explanation:

Ans. Civil negligence


Q. 12

Apex body dealing with medical negligence cases:    

Maharashtra 11

 A

MCI

 B

State Medical Council

 C

Supreme Court

 D

National Consumer Commission

Q. 12

Apex body dealing with medical negligence cases:    

Maharashtra 11

 A

MCI

 B

State Medical Council

 C

Supreme Court

 D

National Consumer Commission

Ans. D

Explanation:

Ans. National Consumer Commission


Q. 13

Doctor liable to get sued by patient till what time limit from alleged negligence:

JIPMER 10; Maharashtra 09, 11

 A

1 year

 B

2 years

 C

3 years

 D

4 years

Q. 13

Doctor liable to get sued by patient till what time limit from alleged negligence:

JIPMER 10; Maharashtra 09, 11

 A

1 year

 B

2 years

 C

3 years

 D

4 years

Ans. B

Explanation:

Ans. 2 years


Q. 14

A person undergone appendisectomy. On post op day 10 he died, postmortem patholigst found gossypiboma. It is a case of ‑

 A

Homicide

 B

Suicide

 C

Criminal negligence

 D

None of the above

Q. 14

A person undergone appendisectomy. On post op day 10 he died, postmortem patholigst found gossypiboma. It is a case of ‑

 A

Homicide

 B

Suicide

 C

Criminal negligence

 D

None of the above

Ans. C

Explanation:

Ans. is ‘c’ i.e., Criminal negligence

A gossypiboma (textilomaor cottonoid) refers to a foreign object, such as a mass of cotton matrix or a sponge, that is left behind in a body cavity during an operation. It is an uncommon surgical complication.

Leaving a piece of gauze piece or abdominal sponge in the body is an act of criminal negligence. In such cases Resp Ipsa Loquitar(fact speaks for itself) applies. Generally the innocence of doctor is assumed and patient has to establish the guilt. However, it is not required to prove negligence in case where doctrine of resp ipsa loquitar applies; rather the doctor has to defend himself

Medical negligence act is covered under IPC Sec 304-A IPC.

Sec 304 A IPC pertains to “Causing death by negligence”. It is punishable up to 2 years. It is applied, usually, in any case of death due to a rash and negligent act, e.g. death caused by rash driving.


Q. 15

A patient died during surgery. The relatives allege that death was due to negligence. According to a recent Supreme Court judgment, doctor can be charged for Medical Negligence under section 304-A, only if:

 A

There is corporate negligence

 B

Negligence is from inadvertent error

 C

There is gross negligence

 D

It falls under the doctrine of Res Ipsa Loquitor

Q. 15

A patient died during surgery. The relatives allege that death was due to negligence. According to a recent Supreme Court judgment, doctor can be charged for Medical Negligence under section 304-A, only if:

 A

There is corporate negligence

 B

Negligence is from inadvertent error

 C

There is gross negligence

 D

It falls under the doctrine of Res Ipsa Loquitor

Ans. C

Explanation:

Ans. c. There is gross negligence

  • A physician can be charged with criminal negligence in Section 304 A, when a patient dies from the effects of anesthesia during, an operation or other kind of treatment, if it can be proved that the death was the result if malicious intention, or gross negligence.
  • “Section 304-A deals with criminal negligence. Criminal negligence occurs when the doctor shows gross lack of competence or inaction, gross recklessness or wanton indifference to the patient’s safety, or gross negligence in the selection and application of remedies. It involves an extreme departure from the ordinary standard of care.”

Inadvertent Negligence (Accidental negligencel:

  • Inadvertent negligence can be called simple negligence.
  • In this case, the harm done is neither foreseen nor willed

Corporate Negligence:

  • It occurs when a health care corporation failed to perform those duties, it owes directly to a patient or anyone else to whom it may extend.
  • If such a duty is breached and patient is injured due to result of the breach, the organization can be held under the theory of corporate negligence.

Res Ipsa Loquitur:

  • Latin meaning of phrase is-the things or facts speaks for itself.
  • This rule is applied when the following conditions are satisfied:
  • That in the absence of negligence the injury would not have occurred ordinarily.
  • That doctor had exclusive control over injury producing instrument or treatment
  • That the patient was not guilty of contributory negligence.


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