Medical negligence and liability; A perspective from violation of international human rights law

Abstract

In the present world, there has been a great amount of improvement in medical services through technology and science. Developed methods and treatments are invented, and thousands of lives are also saved. Day by day, new doors of innovation and inventions are being opened in this sector. But in spite of these developments, there is also a black dot in that improvement which is adding to the health issues of the population, called "Medical Negligence". It's the breach of “duty of care" standard on part of the medical personnel in charge, having liability to fulfil the standard and eventually leading to the occurrence of "medical negligence ". The determination of liability in cases of “medical negligence", is a complex one. In this regard, this paper opts to discuss the determination of the liability of the medical personnel in question of medical negligence as well as the legal consequence of such medical negligence as violation of basic human rights under International Human Rights Law.