Negligence and civil liability in the medical profession : part I

Abstract

Liability in the medical profession arises when the patient is not treated according to acceptable standard of care. It is a well-known fact that the medical professional is not duty bound to give specific results. The medical professional is however obliged to carry out the treatment to the best of his capabilities. The principal aim of this article is to analyse what constitutes negligence and when liability arises. Besides considering the defences that can be raised in a law suit for medical malpractice, this article will also make reference to the opinions and decisions of Maltese courts.