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Jacob Mathew Case: Duty of Care in Tort Law

The document analyzes the Jacob Mathew case with emphasis on the concept of duty of care in medical negligence cases. It provides background on the case where a man sued doctors and a hospital for negligence leading to his wife's death. It discusses the legal proceedings and arguments from both sides. The high court identified duty of care, breach of duty, and causation as key in determining liability and emphasized the role of expert testimony in such cases.

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Lu Guang
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34 views3 pages

Jacob Mathew Case: Duty of Care in Tort Law

The document analyzes the Jacob Mathew case with emphasis on the concept of duty of care in medical negligence cases. It provides background on the case where a man sued doctors and a hospital for negligence leading to his wife's death. It discusses the legal proceedings and arguments from both sides. The high court identified duty of care, breach of duty, and causation as key in determining liability and emphasized the role of expert testimony in such cases.

Uploaded by

Lu Guang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

PSDA OF TORT LAW

Submitted to Dr. Insha Goel Vats


Submitted by Prerna Sharma
Enrollment no. 01417703823
Topic: Analysis of Jacob Mathew case with emphasis on the concept of
‘duty of care’.

Introduction
In the realm of medicine, trust and competence form the foundation of
patient care. However, the unfortunate reality is that cases of medical
negligence can shatter this trust. Understanding the nuances of medical
negligence is paramount to protect patients' rights and uphold
accountability.

Background and Parties Involved


This case revolves around the tragic death of Jacob Mathew's wife,
attributed to alleged medical negligence. The petitioner, Jacob Mathew,
pointed fingers at the healthcare professionals involved, claiming
negligence in the medical care that led to his wife's demise. The
defendants, the State of Punjab and the attending healthcare professionals,
countered that they had exercised due diligence, emphasizing that
unfortunate outcomes don't always equate to negligence.

Legal Proceedings and Arguments Presented


The legal battle saw the plaintiff arguing for negligence on the part of
doctors and the hospital, while the defendants stressed the due diligence
exercised. The court had to navigate through complex arguments and
evidence to arrive at a just decision.

Key Findings and Decision of the High Court


After a thorough analysis, the High Court pronounced its judgment. It
underscored the delicate balance required between medical judgment and
negligence. The court identified duty of care, breach of duty, and causation
as pivotal elements in determining liability. Expert testimony's role in
evaluating medical negligence cases was emphasized, highlighting the
significance of prudence in medical matters.

Insights and Implications from the High Court Judgment


Standard of Care and Medical Negligence
The judgment emphasizes the fine line between medical judgment and
negligence. Healthcare professionals are urged to exercise reasonable and
ordinary prudence, considering the best interests of the patient in every
decision.

Now where does duty of care starts,

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