Filing of Distinct Applications in Separate Summonses, 40. 2) Law of Torts, Ratanlal & Dhirajlal (Twenty-fourth Edition 2002, edited by Justice G.P. Transfer of Matrimonial, Divorce and Guardianship of Infants Proceedings, 139. The Supreme Court repelled the contention that the Consumer Fora were not equipped to appreciate complex issues which might arise in cases of medical negligence and observed that these Fora were presided over by Judges/retired Judge who were well versed in law and, combined with lay decision making by members with knowledge and experience in various. The Supreme Court has issued notice in a Special Leave Petition in a case of death due to medical negligence and has sought the response from the Investigating Officer as to why the investigation has not been completed and the charge-sheet not been filed for nearly five years. Documents which must be filed, served, delivered or otherwise conveyed using the Electronic Filing Service, 108. File inspection and obtaining hard copy extracts or certified true copies of documents, Appendix D : Fees for the Use of Technology Courts, Appendix E : Discovery and Inspection of Electronic Documents, Appendix G : Guidelines for Party-and-Party costs awards in the Supreme Court of Singapore, Appendix H : Registrar, Deputy Registrar, Divisional and Deputy Divisional Registrars, and Senior Assistant Registrars, Appendix I : Guidelines for Advocates and Solicitors advising clients about ADR, Appendix J : High Court Protocol for Medical Negligence Cases. After the judgment of the Supreme Court in Indian Medical Association vs. V.P. In medical negligence the courts apply the three limb test i.e. the proof, in civil and criminal proceedings. Hard copies at hearing of admiralty matters, 129. Instruments creating power of attorney, 26. Since Section 304A refers only to rash or negligent acts, it is a doubtful proposition that mens rea (guilty intent) must be shown for establishing a case of criminal negligence . Access to case file, inspection, taking copies and searches, 25. Earlier, the Apex Court had in Jacob Mathew v.State of Punjab & Anr., (2005) 6 SCC 1, laid down guidelines governing the prosecution of doctors for the offence of criminal negligence… This immunity is available only in criminal courts and not elsewhere. (2) In exercising its discretion as to costs, the Court will consider compliance with the protocol. Applications for appraisement and sale, Part XVIII: Matters Under The Legal Profession Act, 134. Since the medical profession renders a noble service, it must be shielded from frivolous or unjust prosecutions. Filing of documents and authorities for use in Court, 70. Waiting time for the hearing of matters, 65. A doctor is required to exercise a reasonable degree of care that is set for this profession. Use of presentation slides for all proceedings before the High Court, Court of Appeal and Court of 3 Judges, 92. 4 In 1993 a court rejected that principle by replacing it with a test of reasonableness as in Bolitho (also cited by Hurwitz). Non-documentary exhibits to affidavits, 60. The Supreme Court’s decision would treat both incidences as simple negligence as opposed to medical negligence. The essential components of negligence are: ‘duty’, ‘breach’ and ‘resulting damage’. In this case, the court discussed the important question of medical negligence i.e. Restriction on use of privileged document, inspection of which has been inadvertently allowed, Part VI: Evidence - Witnesses, Affidavits and Exhibits, 56A. Absence from Court on medical grounds, 15. Criminal liability would arise only if the doctor did something in disregard of the life and safety of the patient. The High Court made a finding of medical negligence against the HSE, Quest and Medlab and awarded €2.1 million to Mr and Mrs Morrissey on foot … Filing of records of appeal, core bundles and written Cases for civil appeals under Order 57, Rules 9 and 9A of the Rules of Court, 87A. Judgment in default of appearance or service of defence, 77A. M R Hariharan Nair The third limb of causation was developed in … Adjournment or vacation of trial dates and part-heard cases, 68. Documents to be filed at the Legal Registry of the Supreme Court at the Supreme Court Building, 149. Whether an appeal to the Court of Appeal is to be heard by 5 or any greater uneven number of Judges, 85B. The Supreme Court of Western Australia rejected the responsible body of medical opinion principle in the Bolam test on the basis of a minority opinion. Bundle of documents filed on setting down, 71. Documents to be filed at the Legal Registry of the Supreme Court, 141. 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