The Law’s Role in Defining Surgical Standards of Care

Authors

  • Mayur Nagvekar
  • Nuzhat Rizvi
  • Vijay V. Kanase
  • Ram Kulkarni

DOI:

https://doi.org/10.52783/jns.v14.1666

Keywords:

Surgical Standards, Medical Malpractice, Legal Frameworks, Patient Safety, Informed Consent, Judicial Precedents, Healthcare Regulation, Surgical Errors, Global Health, , Medical Ethics

Abstract

Maintaining patient safety, ensuring responsibility, and advancing medical procedures all depend on laws defining criteria for surgical treatment. This study examines, via the prism of legal frameworks, how surgical standards have evolved over time, with particular attention to how historical events, significant court decisions, and professional guidelines have shaped things. Examined are the challenges of defining a "standard of care," with an eye on the issues resulting from rapidly evolving technology and variations in resource availability across various locations. Comparative research reveals quite variable national surgical norms. Higher income countries have solid systems; lower income countries battle with a shortage of resources. The report emphasises the need of international standards—such as the WHO's Safe Surgery Checklist—in ensuring that all approaches are the same and that outcomes are better everywhere. Carefully examined are historical instances, the value of expert testimony, how court rulings impact medical practice, and how law and medicine are continually evolving. The findings make it abundantly evident that laws and morality must be flexible enough to address fresh issues, particularly in light of combined usage of robots and artificial intelligence. This research encourages cooperating with individuals from many disciplines worldwide to develop fair, evidence-based criteria for medical treatment that upholds the values of safety, efficacy, and justice.

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Published

2025-02-10

How to Cite

1.
Nagvekar M, Rizvi N, V. Kanase V, Kulkarni R. The Law’s Role in Defining Surgical Standards of Care. J Neonatal Surg [Internet]. 2025Feb.10 [cited 2025Sep.22];14(2S):139-47. Available from: https://www.jneonatalsurg.com/index.php/jns/article/view/1666

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