Negligence as a Tort under Law of Torts | Civil Law for Judiciary Exams PDF Download

Introduction

• In simple terms, negligence refers to failing to perform a required duty with proper care and caution.
• An offense occurs due to various inducing factors. Key elements labeling an act as 'negligence' include:
  • The defendant owing a duty of care to the plaintiff.
  • The defendant breaching the owed duty to the plaintiff.
  • The plaintiff suffering injury or damage due to the defendant's negligent act.

Classic Case of Negligence - Donoghue v. Stevenson

• In the famous case of Donoghue v. Stevenson, the plaintiff experienced stomach issues from contaminated beer containing snail remains, leading to the establishment of principles for determining responsibility.
• This case serves as a precedent to demonstrate how an act meets the criteria of negligence.

Duty of Care Towards Plaintiff

• The plaintiff must prove the existence of a duty of care from the defendant towards themselves.
• In the mentioned case, the court held the manufacturer accountable for neglecting the necessary precautions in beer production, thus failing in their duty towards consumers.

Breaching the Duty of Care

• The plaintiff needs to demonstrate that the defendant not only owed a duty of care but also breached it through either commission or omission.
• In the above case, the manufacturer's failure to ensure quality control led to the presence of a snail in the beer, showcasing a breach of duty.

Damage Suffered Due to Breach of Duty of Care

• The damage must directly result from the negligent act and be foreseeable by the defendant.
• Foreseeability is crucial in proving negligence, considering the extent of damage that a reasonable person could anticipate.
• In the cited example, the plaintiff's health issues directly stemmed from the manufacturer's negligence, making the defendant accountable for the consequences of their actions.

Negligence in Criminal Law in India

• The criminal laws in India consider negligence a serious offense punishable under the Indian Penal Code, 1860.
• Section 304A of the IPC deals with situations where an individual's death results from an extremely reckless or negligent act.
• Unlike culpable homicide or murder, negligence leading to death does not involve the specific intent to cause harm.
• Originally absent from the IPC of 1860, Section 304A was introduced in 1870 to address cases where death occurs due to negligence without the intention to kill.
• This section serves to bridge the gap in situations where there is no clear mens rea to establish liability under Section 299 (culpable homicide) or Section 300 (murder).
• Unlike accidents covered under Section 80, acts falling under Section 304A are not considered mere inadvertent events, as they reflect not just carelessness but also a degree of foreseeability of harmful consequences.

Medical Negligence

• The medical field often witnesses cases of medical negligence, where failures in duty lead to unfortunate outcomes, sometimes resulting in death.
• Medical negligence cases require the plaintiff to prove that the healthcare professional deviated from the standard practice and failed in their duties.
• Legal precedents, such as Poonam Verma v. Ashwin Singh, highlight instances where actions outside the norm of practice can be deemed as negligence.
• In Jacob Mathew v. State of Punjab, a doctor faced allegations of negligence leading to a patient's death due to delayed treatment, emphasizing the importance of fulfilling one's professional responsibilities.

Key Points

• Medical negligence involves proving deviations from standard practices and failures in professional duty.
• Legal cases like Poonam Verma v. Ashwin Singh and Jacob Mathew v. State of Punjab offer insights into determining negligence in healthcare.

Examples

• Poonam Verma v. Ashwin Singh: Homeopathic doctor administers allopathic medicines, leading to a negligence charge due to actions outside the expected practice norms.
• Jacob Mathew v. State of Punjab: Doctor's negligence in providing timely treatment results in a patient's death, underscoring the breach of professional trust and responsibilities.

Conclusion

Medical negligence cases require a thorough examination of professional conduct and adherence to established standards to ensure patient safety and well-being.