Medical Negligence in India

Medical Negligence in India

Author :- Aritrika Das, a student at Snehangshu kanta Acharya Institute of Law , kalyani University.

 Introduction -

Medical negligence  is one of the mejor issue in india.  Doctors are expected to save lives or try There best to save lives . But nowadays negligency in medical field is arising rapidly causing unwanted deaths, lifetime misery. There are instances where doctors who are under-educated leads to the proceedings in the court of law due to the magnitude of negligence or deliberate conduct shown by the doctors. 

In india Around 52 lakh medical injuries are recorded every year out of which 98,000 people lose their lives in a year because of this issues. It's a  serious concern for India that 10 people fall victim to medical negligence every minute , more than 11 people die every hour due to the medical negligence.

Meaning -

the act or omissions due to carelessness i.e. not to take proper care resulted into loss, damages or injury in such type of incidental act is called as negligence.

The concept of medical negligence refers to the neglecy in the duty/breach of duty of Medical professionals which cause a patient to be a victim. negligence is the most shameful act a medical professional can conduct because this negligence most of the time results in the death of the patient.

It can result in a wide range of injuries or harm to the patient, including physical, emotional, and financial damages.

Common Types Of Medical Negligence-

Misdiagnosis:

When healthcare professionals fails to properly diagnose a patient's medical condition, or provides a incorrect or delayed diagnosis, this can lead to harm/injury to the patient.

 

Surgical Errors:

 It includes errors in administering anesthesia, performing surgery on the wrong body part, leaving surgical instruments inside the patient's body, and other similar errors.

 

Medication Errors:

These include prescribing the wrong medication or dosage, failing to account for potential drug interactions, administering medication incorrectly.

 

Failure to Obtain Informed Consent:

When a healthcare professional fails to obtain the patient's informed consent before performing a medical procedure, the patient may not have been aware of the risks involved and may have suffered harm or injury as a result.

 

Failure to Provide Adequate Follow-Up Care:

After a medical procedure / treatment, healthcare professionals' duty is  to monitor the patient's condition and provide appropriate follow-up care. Failure to do so can result in harm or injury to the patient.

 

Birth Injuries:

Negligence during childbirth can result injuries to the baby or mother, like brain damage, paralysis, and other serious injuries.

 

Anesthesia Errors:

Anesthesia errors can occur when a healthcare professional administers too much or too little anesthesia, or fails to monitor the patient's vital signs during the procedure.

However not all adverse outcomes in medical treatment are necessarily the result of medical negligence. Medical treatment is not an exact science, there can be many factors that contribute to an unfavorable outcome. In order to establish medical negligence, it must be shown that the healthcare professional breached their duty of care by failing to provide required treatment to the patient.

Essentials Of Medical Negligence-

To separat medical negligence from other outcomes, certain essentials must be proven. These essentials include:

 

Breach Of Duty:

The healthcare professional must have breached their duty of care by failing to provide treatment of follow-ups that met the required standard. This breach of duty can occur through an act of omission or commission.

Causation:

The breach of duty must have harmed or injured the patient. It must be shown that the harm or injury was a direct result of the healthcare professional's breach of duty.

Damage:

The patient must have suffered harm or injury as a result of the healthcare professional's breach of duty. This harm or injury can be physical, emotional, or financial.

Medical negligence is a serious issue that can have significant consequences for patients, Patients who believe they have been harmed by medical negligence should seek legal advice to understand their rights and options for claiming compensation for the injury.

Effect of medical negligence has numerous consequences, such as-

1. adding of cost : negligent cause additional costs for treatment/ Surgeries, hospitals, medications, etc.

2. unnecessary cost: to undo the negligence the treatment becomes even costly.

3. Misery of the patient : wrong treatments can make a persons health and life miserable as they may suffer from trauma, various harms,and even die.

Also other effects such as Exhaustion of insurance , lengthy court procedure etc are there .

Provisions in India of Medical negligency 

Section 304A of IPC:

  If a doctor causes the death of a patient due to negligence, they can be punished with imprisonment for up to two years or a compensation, or both.

 

Section 337 of IPC:

If a doctor endangers the life or safety of a patient due to negligence, they can be punished with imprisonment for up to six months or a compensation or both.

 

Section 338 of IPC:

 If a doctor  causes grievous hurt to a patient due to negligence, they can be punished with imprisonment for up to two years or a compensation, or both.

 

The Consumer Protection Act, 1986: 

Under this act, patients have the right to file complaints against medical professionals and seek compensation.

Landmark Judgements by the Supreme court 

There have been several landmark judgments by the Supreme Court of India in cases of medical negligence.one of the significant case was :  

Bolam vs. Friern Hospital Management Committee (1957):[v]

In this case, the court established the "Bolam Test," which states that a medical professional is not guilty of negligence if they have acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular field.

Conclusion:

Medical negligency is the worst shameful act , attempted by a healthcare professional. Cases of medical negligence apears everyday which causes death,pain,trauma , etc to a patient.the court procedure is also lengthy and Exhausting.

In India The concept of medical negligence is well established however the Indian judiciary still follows Bolam’s test which is outdated and vague . So, new methods to determine medical negligence must be adopted by the Indian judiciary. Patients should understand their rights and claims for medical negligency.

To deliver justice in cases of medical negligency the Indian judiciary need to adapt more new approaches, that will help less Exhaustion to a patient in the court.

It is a complicated issue, and it requires a multiple approach to address it effectively. The legal framework, combined with ethical guidelines and patient awareness, can help ensure that patients gets the best possible care and that negligent professionals get the ultimate punishment.