Please use this identifier to cite or link to this item: http://hdl.handle.net/11718/23817
Full metadata record
DC FieldValueLanguage
dc.contributor.authorAgarwal, Anurag K.-
dc.date.accessioned2021-04-06T05:10:26Z-
dc.date.available2021-04-06T05:10:26Z-
dc.date.issued2014-03-27-
dc.identifier.citationAgarwal, Anurag K. (2014). Medical negligence and compensation inn India: how much is just and effective? IIM Ahmedabad.en_US
dc.identifier.urihttp://hdl.handle.net/11718/23817-
dc.description.abstractThere is no denying the fact that human life is precious and in cases of medical negligence, the judges find it extremely difficult to decide on the quantum of compensation as the quantum is highly subjective in nature, and despite the best efforts of the legislature to enact certain laws which can somehow provide a framework for arriving at a quantum, and also interpretation by the judiciary for so many decades, it has not yet been finally settled as to what should be the method used for determining compensation in cases of medical negligence. The multiplier method – followed typically in motor accident cases – provides certainty but does not often end up in arriving at ‘just and adequate compensation’. Hence, the courts rarely follow it in cases of medical negligence. A recent case – Kunal Saha – decided by the Supreme Court in October 2013 has once again raised this extremely important and unsettled issue for debate and discussion. Whatever the quantum of compensation, does it have any serious financial, or any, effect on the erring hospitals and medical professionals is also debatable. This paper examines the issues related to just, adequate and effective compensation in cases of medical negligence and provides certain suggestions.en_US
dc.language.isoenen_US
dc.publisherIIM Ahmedabaden_US
dc.subjectnegligenceen_US
dc.subjectCompensationen_US
dc.subjectIndiaen_US
dc.titleMedical negligence and compensation inn India: how much is just and effective?en_US
dc.typeWorking Paperen_US
Appears in Collections:Working Papers

Files in This Item:
There are no files associated with this item.


Items in IIMA Institutional Repository are protected by copyright, with all rights reserved, unless otherwise indicated.