2019, Vol. 2, Issue 1, Part A

author(s)
M Baskaran

abstract
Nursing negligence in India is both a criminal offence under the Criminal Procedure Code and a Civil Liability under the Law of Tort. The right to health and health care is a human right. Till the advent of consumer courts / forums, there were hardly any cases of nursing negligence. Public awareness of medical and nursing negligence in India is growing. Nursing negligence arises from an act or omission by a medical/nurse practitioner, which no reasonably-competent and careful practitioner would have committed. What is expected of a medical/nurse practitioner is a 'reasonably skillful behavior adopting the 'ordinary skills' and practices of the profession with 'ordinary care'. Therefore, the professions need to update their understanding of the concepts of nursing negligence and consumer protection act, and its amendments to be on a legally safer side. The review attempts to outline the salient features of nursing negligence and Strategies for reducing the risk of nursing negligence.