NOVUS ACTUS INTERVINIENS – AN IMPORTANT DEFENSE IN A CASE OF MEDICAL MALPRACTICE

In the cases involving medical malpractice, “proximate cause” doctrine is a very important principle while deciding the liability. Medical clinics and wellbeing carers are regularly engaged with circumstances where the patient presents with wounds which are owing to the respondent's careless acts and as such they satisfy the underlying issues involving the various steps leading to proximate cause. Such circumstances ordinarily incorporate the injuries sustained during any road side accident and mechanical mishaps. In any case, because of the carelessness of the emergency clinic as well as medical service provider, some further harm is caused to the offended party. Such carelessness can incorporate lack of regard in examination, finding and additionally treatment or an inability to reveal a material hazard natural in the proposed procedure. In such a case, given the fact that an offended party acts sensibly in seeking and tolerating any therapeutic procedure which actually intervenes in between the said offending procedure and the first damage is exacerbated by carelessness while administrating the medicinal treatment, it is the by and large acknowledged perspective on most precedent-based law purviews that the careless medicinal treatment won't be viewed as a novus actus interveniens calming the first respondent of risk for the damage in light of the fact that the first damage might be viewed as conveying some hazard that the subsequent treatment may be carelessly directed.