Medical negligence is a matter of great concern in India that affects the lives of patients and healthcare professionals alike. It is an issue that can have devastating consequences for patients and can ruin the careers of doctors. Medical negligence occurs when a healthcare professional fails to provide reasonable care, resulting in harm or injury to the patient. In recent years, there has been a sharp increase in the number of medical negligence cases in India, which has led to the introduction of laws and regulations to safeguard the interests of both patients and healthcare professionals. In this article, we will explore the legal aspects of medical negligence in India and how it protects both doctors and patients.
Medical Negligence Laws in India
In India, medical negligence laws are governed by the Consumer Protection Act, 2019 (CPA) and the Indian Penal Code (IPC). The CPA provides compensation to patients who have suffered harm or injury due to the negligence of a healthcare professional, while the IPC provides for criminal liability in cases where negligence amounts to a criminal offense. Additionally, the Medical Council of India (MCI) has issued guidelines and regulations to ensure that healthcare professionals follow a certain standard of care and are held accountable for any deviations from it.
Defining Medical Negligence
Medical negligence is defined as the failure to provide reasonable care to a patient by a healthcare professional, resulting in harm or injury to the patient. The standard of care is based on what a reasonable healthcare professional would do in similar circumstances. The burden of proof lies on the patient to prove that the healthcare professional was negligent and that the negligence caused harm or injury.
Types of Medical Negligence in India
Here are some of the most common types of medical negligence that patients in India may encounter:
1. Misdiagnosis or Delayed Diagnosis
One of the most common examples of medical negligence is a wrong diagnosis or a delayed one, or a failure to diagnose the disease/problem. The misdiagnosis could be due to lack of focus, incompetence, and non-availability of the correct tools. A failure to diagnose the patient correctly can even prolong the ailment and can even prove to be more fatal. A delayed diagnosis can also be medical negligence if the doctor would have reasonably diagnosed the same in a timely manner. Delay in diagnosis, especially in matters such as Heart attack, cancer, appendicitis, etc. can be dangerous to life.
2. Improper Administration of Medicines
Prescribing and/or administration of the wrong medicine(s) is one of the most common cases of medical negligence that have been reported. If the doctor administers the wrong medicine, it can be considered gross negligence as it is obviously expected for the doctor to at least give the right medication after the diagnosis.
3. Inappropriate or Incorrect Surgery
Incorrect surgery is surely negligence during surgery and can occur due to several reasons such as lack of skills, lack of focus, taking shortcuts during the surgery to save time, etc. Incorrect surgery means a wrong surgery in itself, a wrong method, or a wrong step or steps. Incorrect surgery could also be caused due to communication failure i.e. the surgical staff not being able to communicate properly. Unnecessary surgery or surgery that results in damaging the organs, nerves, tissues, etc. during the surgery may also be medical negligence.
4. Improper Administration of Anesthesia
Anesthesiologists provide pain relief for patients for the purpose of surgery. It is an important step for most surgical procedures. However, they not only have to control of the pain/sensation in body parts but also have control over the individual’s breathing, body temperature, blood pressure, and even heart rate. Anesthesiologists are responsible for preoperative evaluation, consulting with surgical staff, and even postoperative management of the patients/clients. Mistakes at the time of anesthesia can happen with major as well as simple elective operations. Anesthesia if wrongly administered can even cause severe permanent damage to patients.
5. Improper or Wrong Medical Advice
A doctor is expected to give the correct medical advice or prescription. If the doctor advises incorrectly i.e. prescribes the wrong surgery or medicine, it could be considered medical negligence, based upon the facts of the matter.
6. Leaving Foreign Objects in the Body during or after the Surgery
In some cases, a patient could suffer from infection or sepsis, days or weeks after a surgical procedure which could be caused due to a foreign object left inadvertently in the patient’s body by the surgeon. Such behavior is negligent on the part of the doctor and can prove to be extremely serious and the patient can even die due to a septic shock.
7. Organs being Perforated or Lacerated
There have been several cases when doctors have made potentially fatal mistakes of perforating or lacerating organs or bowels or vessels which go unnoticed and result in uncontrollable bleeding or beyond-repair organ damage. In the worst cases, it can also result in organ failure or even death.
Protection for Doctors
Doctors are often the target of medical negligence lawsuits, which can have severe consequences for their careers and reputation. However, doctors are also protected by medical negligence laws in India. The MCI guidelines and regulations provide a standard of care that doctors must follow. If a doctor follows this standard of care and the patient still suffers harm or injury, then the doctor may not be held liable for medical negligence. Additionally, doctors are protected by professional liability insurance, which provides financial protection in case of a medical negligence lawsuit.
Protection for Patients
Patients who have suffered harm or injury due to medical negligence are protected by the CPA. The CPA provides compensation to the victim of medical negligence, including damages for physical and mental harm, loss of income, and medical expenses. The burden of proof lies on the patient to prove that the healthcare professional was negligent and that the negligence caused the harm or injury.
Remedy for Medical Negligence
Patients who have suffered harm or injury due to medical negligence can seek a remedy in the form of compensation or criminal liability. The CPA provides compensation to the victim of medical negligence, while the IPC provides for criminal liability in cases where the negligence amounts to a criminal offense. Additionally, the MCI guidelines and regulations provide for disciplinary action against healthcare professionals who fail to follow the standard of care.
Legal Help for Medical Negligence
Medical negligence cases can be complex and challenging to navigate, which is why it is essential to seek legal help. A lawyer who specializes in medical negligence can help patients understand their legal options and navigate the legal system. Lawyers can also help healthcare professionals defend themselves against medical negligence lawsuits and ensure that they follow the MCI guidelines and regulations.
End Note
Medical negligence is a serious issue that can have life-altering consequences for both doctors and patients. Medical negligence laws in India provide a remedy for patients who have suffered harm or injury due to the negligence of a healthcare professional. Healthcare professionals must follow the guidelines and regulations issued by the MCI to ensure that they provide a reasonable standard of care to their patients. Patients who have suffered harm or injury due to medical negligence should seek legal advice to explore their options for a remedy. If you are someone living in Mumbai who came across such cases, can consult the Ansary Associates in Thane. The Ansary Associates are known for medical negligence cases and are one of the best lawyers when it comes to medical negligence in Mumbai, Thane, and nearby areas.
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