Doctrine of novus actus interveniens (NAI) sometimes plays an important role as a tool of defense in medical negligence suits. It is a Latin phrase which means breakage of the causal chain at some point, relieving the initial wrongdoer. In medical negligence suits, the appearance of an external factor or event in the causal chain and the outcome is not directly related to the negligence of the doctor, but for the novel agent; the doctrine of NAI can be applied and the initial wrongdoer, i.e., the treating physician can be exempted. Autopsy of a similar type of case was performed in a tertiary care hospital in the State of Chhattisgarh. The autopsy findings identified a new factor in the form of dereliction in duty by another physician causing breakage of the chain in the current case described. Dheeraj AB, Giri SK, Sarma B. Doctrine of Novus Actus Interveniens Not Always a Defense: Analysis of a Case. Indian J Crit Care Med 2020;24(10):983-985.
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http://dx.doi.org/10.5005/jp-journals-10071-23634 | DOI Listing |
Indian J Crit Care Med
October 2020
Department of Forensic Medicine and Toxicology, All India Institute of Medical Sciences, Mangalagiri, Andhra Pradesh, India.
Doctrine of novus actus interveniens (NAI) sometimes plays an important role as a tool of defense in medical negligence suits. It is a Latin phrase which means breakage of the causal chain at some point, relieving the initial wrongdoer. In medical negligence suits, the appearance of an external factor or event in the causal chain and the outcome is not directly related to the negligence of the doctor, but for the novel agent; the doctrine of NAI can be applied and the initial wrongdoer, i.
View Article and Find Full Text PDFThe corollary to the right to refuse treatment is the requirement that, in general, informed consent be obtained before treatment. The Declaration of Lisbon recognises this: "The patient has the right to accept or to refuse treatment after receiving adequate information." The information to be given to the patient is of three kinds, but a special problem in relation to the doctrine of informed refusal places a special duty on the doctor to inform the patient about the possible consequences of refusing treatment.
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