Though a doctor may not be in a position to save his patient's life at all times, he is expected to use his special knowledge and skill in the most appropriate manner keeping in mind the interest of the patient who has entrusted his life to him. Therefore, it is expected that a doctor carry out necessary investigation or seeks a report from the patient. Furthermore, unless it is an emergency, he obtains informed consent of the patient before proceeding with any major treatment, surgical operation, or even invasive investigation.
Failure of a doctor and hospital to discharge this obligation is essentially a tortious liability. A tort is a civil wrong ( right in rem) as against a contractual obligation ( right in personam) – a breach that attracts judicial intervention by way of awarding damages.
