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The role of clinical guidelines in medical negligence litigation: has India made the shift?

Malak Bhatt

DOI: 10.20529/IJME.2009.051


Abstract

India has been following English law for certain principles that are well developed in common law. On the issue of medical negligence, India had adopted the principle laid down in the Bolam case which held that a doctor is not negligent if what he has done would be endorsed by a responsible body of medical opinion in the relevant specialty at the material time. This was followed until 2001 when the first reference was made to the Bolitho test.

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