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Medical Negligence

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29 views13 pages

Medical Negligence

Uploaded by

ashe.sivaprasad2003
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Medical Negligence and Malpractice in India

Introduction
Around 52 lakh medical injuries are recorded
every year in India and 98,000 people in the
country lose their lives in a year because of
medical negligence.
The legal framework for medical negligence in
India is primarily based on tort law.
-The Indian courts have developed the principle
of "reasonable care" as the standard for
medical practitioners to adhere to when
providing medical treatment to patients.
-This principle implies that a medical
practitioner must exercise a reasonable degree
of skill and care while treating a patient.
-Failure to do so may result in legal action
against the practitioner for medical negligence.
-The Indian Medical Council (Professional Conduct,
Etiquette and Ethics) Regulations, 2002, also
provide guidelines for medical professionals to
follow. These guidelines outline the duties and
responsibilities of medical practitioners, including
the need to obtain informed consent from patients,
maintain medical records, and adhere to medical
ethics.

-In India, patients can seek legal recourse for medical


negligence by filing a complaint with the relevant
state medical council, consumer court, or civil court.
-The complaint must provide details of the medical
negligence, including the nature of the harm caused,
the medical practitioner's breach of duty, and the
damages suffered by the patient.
-Courts also award exemplary compensation to the
aggrieved patients.
Medical negligence and malpractice are critical
issues in the Indian healthcare sector, significantly
impacting patient safety and trust in medical
professionals.
- These terms, though often used interchangeably,
have distinct legal definitions and implications.
Defining Medical Negligence and Malpractice
Medical Negligence: This occurs when a healthcare
provider fails to deliver the standard of care that a
reasonably competent provider would have offered
under similar circumstances.
-It can result from errors in diagnosis, treatment,
aftercare, or health management.
Medical Malpractice: A specific type of negligence,
malpractice involves a healthcare professional’s
breach of duty, directly causing injury or harm to a
patient.
To prove malpractice, the plaintiff must establish four key
elements(Essentials Of Medical Negligence)

1. Duty Of Care:
The healthcare professional must have had a duty of care
to the patient. This means that they had a legal obligation
to provide care that meets the expected standard of care.

2. Breach Of Duty:
The healthcare professional must have breached their
duty of care by failing to provide treatment that met the
required standard. This breach of duty can occur through
an act of omission or commission.

3. Causation:
The breach of duty must have caused harm or injury to the
patient. It must be shown that the harm or injury was a
direct result of the healthcare professional's breach of
duty.

4. 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.
Types Of Medical Negligence
There are several types of medical negligence that can
occur in the healthcare industry.

Most common types:


1. Misdiagnosis:
When a healthcare professional fails to properly
diagnose a patient's medical condition, or provides a
diagnosis that is incorrect or delayed, this can lead to
harm or injury to the patient.

2. Surgical Errors:
These can include 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 can include prescribing the wrong medication or
dosage, failing to account for potential drug interactions,
or administering medication incorrectly.
1. 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.

2. Failure to Provide Adequate Follow-Up Care:


After a medical procedure or treatment,
healthcare professionals have a duty 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.

3. Birth Injuries:
Negligence during childbirth can result in injuries to the
baby or mother, such as brain damage, paralysis, and
other serious injuries.

4. 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.

-It's important to note that each case is unique, and the specific
circumstances surrounding the medical negligence will
determine the appropriate legal action that can be taken
Challenges Faced By Victims In Medical
Negligence In India
Victims of medical negligence in India may face
a number of challenges when trying to seek
justice and compensation for their injuries.
Some of the key challenges include:
• Lack of awareness: Many people in India
are not aware of their rights in cases of medical
negligence, and may not know how to take
legal action.
• High cost of legal proceedings: Legal
proceedings can be expensive in India, and
victims may struggle to afford the cost of legal
representation and court fees.
• Lengthy legal process: The legal process for
medical negligence cases in India can be
lengthy, which can be emotionally and
financially draining for victims.
Limited access to medical records: Victims may
have difficulty obtaining medical records, which
are crucial for proving medical negligence.
• Insufficient evidence: Proving medical
negligence can be challenging, and victims may
struggle to gather sufficient evidence to
support their case.
• Lack of support: Victims may feel isolated
and unsupported, as there is often limited
emotional or social support available for those
who have suffered from medical negligence.
• Influence of medical professionals:
Healthcare professionals may have significant
influence and power, which can make it difficult
for victims to pursue legal action against them.
Res Ipsa Loquitur- Legal Maxim In Medical
Negligence
"Res ipsa loquitur" is a legal maxim that is often
invoked in medical negligence cases to
establish a presumption of negligence. The
phrase is Latin for "the thing speaks for itself."

In the context of medical negligence, "res ipsa


loquitur" means that the circumstances
surrounding the injury or harm suffered by the
patient are such that they would not have
occurred without negligence on the part of the
healthcare professional.
-the burden of proof shifts to the healthcare
professional to prove that they were not
negligent.
To establish "res ipsa loquitur" in a medical
negligence case, the following conditions must be
met:
1. The injury or harm must be of a kind that does
not ordinarily occur in the absence of
negligence;
2. The injury caused by an instrumentality within
the exclusive control of the healthcare
professional; and
3. The injury must not have been caused by fault
of the patient
For example, if a surgical patient suffered from a
foreign object being left inside their body after
surgery, res ipsa loquitur may be applied, as this
type of harm would not ordinarily occur in the
absence of negligence, and the facts suggest that
the healthcare professional was responsible for
leaving the object inside the patient's body.
Spring Meadows Hospital and Anr. v. Harjol Ahluwalia
(1998)
In this case, the National Consumer Disputes Redressal
Commission (NCDRC) applied the principle of res ipsa
loquitur to a case where a surgical patient suffered from
an injury to their urethra during surgery. The NCDRC held
that the injury was of a type that would not ordinarily
occur in the absence of negligence, and that the burden
of proof was on the hospital to prove that they were not
negligent.
Jacob Mathew v. State of Punjab (2005)
In this case, the Supreme Court held that res ipsa loquitur
could be applied in medical negligence cases where the
injury was of a type that would not ordinarily occur in the
absence of negligence, and where the facts surrounding
the injury suggested that the healthcare professional was
responsible.
Samira Kohli v. Dr. Prabha Manchanda (2008)
This case addressed the issue of vicarious liability
in cases of medical negligence. The Supreme Court
held that a hospital can be held liable for the
negligence of its employees, even if the hospital
itself was not directly at fault.
Kusum Sharma v. Batra Hospital & Medical
Research Centre (2010)
In this case, the Supreme Court established that a
patient has the right to receive compensation for
medical negligence, even if they did not suffer any
physical harm. The court held that mental agony
and trauma suffered by a patient due to medical
negligence can also be compensated.
Legal Framework in India
In India, medical negligence cases are addressed
under several legal provisions, including:
- The Indian Penal Code (IPC): Sections 304A
(causing death by negligence) and 336-338 (acts
endangering life or personal safety) can be invoked.
- The Consumer Protection Act, 1986 (and the
updated Consumer Protection Act, 2019): Patients
can seek redressal as consumers of medical
services.
- Tort Law: Plaintiffs can file civil suits for damages
in cases of medical negligence.
The Supreme Court of India has played a pivotal
role in shaping the legal landscape of medical
negligence through landmark judgments,
establishing precedents for future cases.

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