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Legal Frameworks Addressing Medical Negligence in India


Does the Indian legal system provide enough protection to healthcare providers? Does it offer supportive measures for doctors who find themselves facing false negligence claims? In this blog, we will dissect the law and legal framework related to medical negligence in India.



Doctors are human, and humans are bound to make mistakes. Furthermore, desired results depend on various factors such as physical fitness, lifestyle, pre and post-care. The most important question here is: what mistakes become negligence? To answer this question, we must first understand what negligence is.

In layman's terms, negligence can be referred to as a lack of attention or care that leads to harm or damage to someone else. Simply put, being careless is being negligent. In legal terms, negligence is failing to take reasonable care or acting imprudently. It is a breach of a legal duty to take care, resulting in damage undesired by the defendant to the plaintiff.

To prove negligence, it is essential that a legal duty to take care exists in the first place. Then, there must be a breach of that duty to take reasonable care.

Medical negligence is similar; it occurs when a medical professional fails to provide adequate care to the patient. When healthcare professionals fail to provide enough care, resulting in a breach of their legal and professional duty, then they are said to have committed medical negligence.

Medical negligence, also known as medical malpractice, is the improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other healthcare professional.


It is the responsibility of medical professionals to adhere to the "Standard of Care." While this term does not have a specific definition, it refers to the actions a reasonable and prudent medical provider would or would not have taken under similar circumstances.

Any medical treatment carries its own set of risks and benefits, which should be carefully explained to the patient beforehand. Doctors are often referred to as gods, but in reality, they are human too, and humans are bound to make mistakes. There are many legal frameworks that safeguard doctors and other medical practices, but they also hold unreliable healthcare providers accountable for their errors and negligence.

Types of Medical Negligence:

  • Civil 
  • Criminal 
The most commonly used legislations to prove medical negligence are the Indian Penal Code (IPC) for criminal negligence claims and the section 21 Consumer Protection Act, 1986 for civil liability claims.

Let's delve upon some of the settled principles:

  1. Negligence occurs when someone fails to fulfill their duty by either not doing what a reasonable person would do in the circumstances or doing something that a reasonable person wouldn't do. It's a crucial aspect of the offense, but it must be more than just a simple error in judgment; it needs to be a serious or gross failure.
  2. Medical professionals are expected to bring a reasonable level of skill and knowledge to their work and must take care in their actions. The law doesn't demand the highest level of care but expects a standard that's reasonable given the situation.
  3. A medical practitioner can only be held liable if their conduct falls below the standards expected of a competent practitioner in their field. In matters of diagnosis and treatment, there's room for different professional opinions, and a doctor isn't negligent simply because their judgment differs from another doctor's. 
  4. Sometimes, a medical professional may choose a riskier procedure because they believe it offers better chances of success for the patient. Even if this decision doesn't lead to the desired outcome, it may not be considered negligence.
  5. As long as a doctor performs their duties with reasonable skill and competence, they can't be accused of negligence. They're entitled to make decisions based on what's acceptable within the medical profession.
  6. It wouldn't be fair to burden doctors with excessive legal constraints that hinder their ability to provide care effectively.
  7. It's our responsibility as a society to ensure that medical professionals can carry out their duties without fear of harassment or humiliation.
  8. Doctors should be protected from malicious complaints aimed at extracting unwarranted compensation, particularly in private healthcare settings.
  9. Ultimately, the welfare of patients should be the top priority for medical professionals, and they should be supported as long as they act with reasonable skill and care. 

  

Duties of the Medical Professionals:

Outlined below are some key duties as per the Indian Medical Council's Code of Medical Ethics Regulations 2002.
  1. Maintaining good medical practice
  2. Maintenance of medical records
  3. Display of registration numbers
  4. Use of Generic names of drugs
  5. Highest Quality Assurance in patient care
  6. The Patient must not be neglected
  7. To avoid Unnecessary consultations 
  8. Treatment after Consultation

As we have read the responsibility of the medical Professionals we should also study the rights of the patients, the rights are legal rights  as listed by Ministry of Health and Family Welfare:
  1. Right to records and reports
  2. Right to informed consent
  3. Right to confidentiality, human dignity and privacy
  4. Right to safety and quality care according to standards
  5. Right to choose alternative treatment options if available

  6.  Right to a second opinion

  7. Right to choose the source for obtaining medicines or tests
  8. Right to choose the source for obtaining medicines or tests
  9. Right to protection of participants involved in biomedical and health research
  10. Right to be discharged, right to receive the body of a deceased person from the hospital

The blog explores the legal protection afforded to healthcare providers in India, especially concerning false negligence accusations. It discusses negligence concepts, differentiating between civil and criminal negligence, and examines key principles such as duty of care and standards of medical practice. Additionally, it outlines patients' rights as outlined by the Ministry of Health and Family Welfare, emphasizing the importance of balancing the protection of healthcare providers with ensuring patient welfare.

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