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Volume : III, Issue : II, March - 2013 DOCTORS' DUTY TO TREAT A PATIENT VENUGOPAL B.S. DOI : 10.9780/22307850, Published By : Laxmi Book Publication Abstract : The professional relationship that exists between doctor and patient is a
contract for service, which emerges from acceptance by a doctor of an offer for treatment
made by a patient. A private doctor is not under an obligation to enter into a contractual
relation to treat every patient who approaches him. Even an emergency is also not an
exception to this. An attempt is made here how for such a duty can be imposed on private
doctors.
As the legal position stands now only government doctors are duty bound to
extend the medical attendance to patients in emergency as well as non-emergency
situations, because of their contract with the government who appoints them. The legal
position under English law is the same. As contemplated in the National Health Service
Act, only the government doctors are duty bound to treat the patients who approach them
for treatment. It is a statutory obligation. Keywords : Article : Cite This Article : VENUGOPAL B.S., (2013). DOCTORS' DUTY TO TREAT A PATIENT. Indian Streams Research Journal, Vol. III, Issue. II, DOI : 10.9780/22307850, http://oldisrj.lbp.world/UploadedData/2149.pdf References : - 1See I. Kennedy & A Grubb, “Medical Law”, London, 2nd edition, p.129 (1994), Pfizer Corporation v. Ministry of Health [1965]1 All E.R. 450 (H.L.)
- A.I.R. 1989 S.C. 2039
- A.I.R. 1996 S.C. 2426
- See Angela Roddy Holder, “Medical Malpractice Law”, New York, 2nd edition, p.7
- Muralidharan Nair v. Antony, 1985 K.L.T.1
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