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Medical Negligence and Malpractice

MEDICAL NEGLIGENCE

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17 views4 pages

Medical Negligence and Malpractice

MEDICAL NEGLIGENCE

Uploaded by

sujalgupta348
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Medical negligence and

malpractice
♦ Introduction
Medical negligence is a term that describes the situation when
medical professionals do not act according to the standards of
their profession. They have a responsibility to provide proper care
for their patients. If they fail to do so, they may be held liable for
the harm they cause. Medical negligence is when a doctor or a
health care provider does not do their job properly and causes
harm to a patient. This can lead to serious problems for the
patient, such as needing more surgery, getting the wrong
treatment, or feeling very worried and stressed. These problems
can be counted as damages and the patient can get money for
them. Sometimes, medical negligence can cause a patient to die,
especially if they had a disease that could have been cured, like
cancer. If you are hurt by medical negligence, you can sue the
doctor or the health care provider and get money for your
damages. If your family member dies because of medical
negligence, you can also sue on their behalf. This is called a
wrongful death claim. Negligence is when a doctor or a health
care provider does not do their job properly and causes harm to a
patient. This can lead to serious problems for the patient, such as
needing more surgery, getting the wrong treatment, or feeling
very worried and stressed. These problems can be counted as
damage and the patient can get money for them. Sometimes,
medical negligence can cause a patient to die, especially if they
had a disease that could have been cured, like cancer. If you are
hurt by medical negligence, you can sue the doctor or the health
care provider and get money for your damages. If your family
member dies because of medical negligence, you can also sue on
their behalf. This is called a wrongful death claim.

♦ Medical negligence in india

In India, medical negligence cases are usually filed as civil


suits for damages in a competent court. In some cases,
criminal charges may also be brought against a
healthcare professional if their negligence led to the
death of a patient. The law in India recognizes the right of
patients to medical care that is of an adequate standard,
and health professionals have a legal duty to provide this
standard of care. If the healthcare professional fails to
fulfill this duty of care and the patient is harmed as a
result, the patient may be entitled to compensation. The
legal framework for medical negligence in India is
primarily based on tort law. Indian courts have developed
the principle of "reasonable care" as the standard for
doctors to follow in providing medical care to patients.
This principle means that a doctor must exercise a
reasonable degree of skill and care in treating a patient.
Failure to do so may result in a medical malpractice
lawsuit against the doctor.
♦ Case law
in the case of V. Krishna Rao Vs. Nikhil Super Specialty
Hospital (2010) the plaintiff, who was also an officer in
the malaria department, filed a complaint against the
hospital for negligence in treating his wife regarding the
mistreatment of his wife. wife. The plaintiff alleged that
the hospital was negligent in treating his wife for typhoid
fever instead of malaria due to the hospital staff's neglect
of medication. The plaintiff in this case was awarded a
compensation of Rs.2,00,000/-.

♦ Conclusion
Medical negligence is the worst type of action by a
medical professional because people usually expect such
a person to save the lives of others and not take them or
make them worse. Every day we witness cases of medical
negligence causing pain, agony and suffering to the
patient, and to curb this malpractice, the Indian
government and its medical fraternity must improve the
conditions of its doctors by improving the quality of
education and emphasizing on professional conduct
education.
The concept of medical negligence is well established in
India but the Indian Judiciary still follows the Bolam test
which is outdated and vague and therefore the Indian
Judiciary has to adopt new methods to determine medical
negligence.

In order to achieve justice in medical negligence cases, the


Indian judiciary needs to adopt new approaches so that at
least the suffering of the person in the court can be
avoided. Courts must award heavy penalties to those
found guilty of medical negligence and also impose heavy
fines on hospitals that employ such negligent
professionals.

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