Legal Accountability in Medical Practice: Negligence and Remedies
Legal Accountability in Medical Practice: Negligence and Remedies
Introduction
The medical professionals and doctors are entrusted with the responsibility of saving lives and health. They are often referred to as preservers of life from death. They provide the safest and most effective healthcare facilities to patients. Despite ensuring the best interest of the patient, mistakes occur while performing their duty which results in harm, injury, or death to the patient. This act is known as negligence.
Understanding Medical Negligence
Medical negligence, also known as medical malpractice, refers to the failure of a healthcare professional to provide a standard of care and which leads to harm or injury to the patient. It can occur through an act of omission or commission by the healthcare professional. It's very necessary to understand that not all adverse outcomes in medical treatment are a result of medical negligence because medical treatment is not an exact science, so there can be many factors that can contribute to an unfavourable outcome. Therefore, to prove medical negligence, it is needed to prove that there is a breach of duty of care by failing to provide treatment that meets the required standard by the medical practitioner.
In India, the legal framework for medical negligence is based on tort law. The principle of reasonable care 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 medical practitioner. The law recognises the right of the patient to receive medical care that is a reasonable standard, and the health care provider has a legal duty to provide this standard of care. When a healthcare professional fails to meet this duty of care, and a patient is harmed as a result, the patient may have a right to compensation for their injuries.
Types of Medical Negligence
Misdiagnosis: Fails to provide a proper diagnosis of a patient's medical condition or provides a wrong diagnosis to a patient which causes harm to patients.
Surgical Errors: Error in giving the anaesthesia, error while performing the surgery such as performing surgery on wrong body parts, leaving the surgical instruments inside the patient body etc.
Medication Error: Prescribing wrong medication or dosage, administering medication incorrectly.
Failure to obtain Informed consent: When a medical practitioner fails to obtain an informed consent from a patient before performing a medical procedure.
RES IPSA LOQUITUR
Latin term which means ‘the thing speaks for itself.’ In other words, the injury or harm is such that it suggests that the healthcare professional was negligent, and the burden of proof shifts to the healthcare professional to prove that they were not negligent while performing their duty.
To establish res ipsa loquitur in a medical negligence:
The injury or harm must be of such kind which does not ordinarily occur in the absence of negligence.
The injury or harm was completely under the control of a doctor or medical practitioner.
The injury or harm must not have been caused by the action or fault of the patient.
Case laws
The SC held that the principle of Res Ipsa Loquitur could be applied in medical negligence cases when the facts and circumstances of the case suggest that the negligence occurred and the burden of proof lies on the defendant.
The case establishes the concept of informed consent, which means that the patient must be informed about the risks involved in the medical procedure before giving consent. The SC held that failing to obtain informed consent from a patient can amount to medical negligence.
Liability and Penalty
Section 106: Causing death by negligence of BNS, if reckless or careless behaviour results in another person’s death but that act does not amount to culpable homicide, the person responsible can be imprisoned for up to two years, fined or both.
Section 125: Endangering the life or personal safety of others: any act that rashly or negligently endangers human life or the personal safety of others can be punished with imprisonment to three years, or a fine or both.
Section 125(a), when the hurt is caused, shall be punished with imprisonment for a term which may extend to six months or a fine or both.
Section 125(b), where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years or fine or both.
The Consumer Protection Act, 1986: Under this act, patients have the right to file complaints against medical professionals and seek compensation for medical negligence
Conclusion
Medical negligence is a serious concern that can lead to patient harm, loss of life and emotional trauma for families. Doctors or medical practitioners have a legal and ethical duty to provide safe and competent care, while the patient has the right to seek compensation for harm caused due to negligence.
In conclusion, legal accountability in medical practice is essential not only for the delivery of justice to affected people but also for preserving the trust of the public in the healthcare system.
Closing Credit
Author - Anushka Mane
"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"
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