Medical Negligence: The Alarming Negligence of Doctors in India- A call for Accountability

Contents

1. Introduction
2. The Prevalence of Medical Negligence
3. Causes of Negligence
4. Consequences and Impact
5. Law in India
6. Case laws
7. The way Forward
8. Conclusion

1. Introduction:

The medical profession is considered one of the noblest and most respected occupations globally. Doctors are entrusted with the responsibility of saving lives and providing quality healthcare to patients. However, in recent years, India has witnessed a disturbing rise in cases of medical negligence, raising concerns about the accountability and ethics of medical fraternity.

2. The prevalence of medical Negligence:

Medical negligence refers to the failure of a healthcare professional to provide the standard of care expected, resulting in harm or injury to the patient. Unfortunately, cases of medical negligence have become increasingly common in India. According to a study conducted by the Indian Journal of Medical Ethics, medical negligence accounts for approximately 5.2% of all deaths in the country. This alarming statistic highlights the urgent need for action to address this issue.

3. Causes of Negligence:

Several factors contribute to the negligence of doctors in India. One significant factor is the lack of proper regulation and oversight. The Medical Council of India, the regulatory body responsible for overseeing the medical profession, has been criticized for its inefficiency and corruption. This has allowed unqualified and underqualified individuals to practice medicine, leading to substandard care and increased instances of negligence. Additionally, the overwhelming patient load and inadequate infrastructure in public hospitals put immense pressure on doctors, leading to fatigue and burnout. This, in turn, can result in errors and oversights that compromise patient safety. The lack of proper training and continuing medical education programs also contributes to the negligence of doctors, as they may not be up-to-date with the latest medical advancements and best practices.

4. Consequences and Impact:

The consequences of medical negligence are devastating for patients and their families. Misdiagnosis, surgical errors, medications errors, and negligence during childbirth are just a few examples of the harm caused by negligent doctors. These incidents not only result in physical and emotional trauma but also lead to financial burdens for the affected individuals.

Moreover, the erosion of trust in the medical profession due to negligence has far-reaching consequences. Patients lose faith in the healthcare system, leading to a reluctance to seek medical help when needed. This can have severe implications for public health, as timely intervention and treatment are crucial in preventing the progression of diseases and saving lives.

5. Laws in India:

In India, the law on negligence of doctors is primarily governed by the IPC and Consumer Protection Act, 2019.

1. Indian Penal Code (IPC): Under the IPC, if a doctor’s act of negligence causes harm or injury to a patient, it may be considered a criminal offence.

Section 304A of IPC deals with cases of causing death by negligence and section 337 deals with causing hurt by an act endangering life or personal safety of others. These sections can be invoked against doctors if their negligence results in death or injury to a patient.

1. Civil Law: The consumer protection Act, 2019 provides a legal framework for patients to seek compensation for medical negligence. The act establishes consumer courts at various levels to adjudicate dispute related to medical negligence and provides for compensation to be awarded to the aggrieved party.
2. Tort Act: The law in tort act on medical negligence refers to the legal principles and rules that govern claims for compensation arising from medical malpractice or negligence. Medical negligence occurs when a healthcare professional fails to provide a standard level of care, resulting in harm or injury to a patient. The compensation in tort act amy cover medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, and other related damages.

Furthermore, the Medical Council of India (MCI) has also laid down guidelines and ethical standards for doctors to follow. These guidelines emphasize the duty of care, professional competence, and ethical conduct expected from doctors. Failure to adhere to these guidelines can result in disciplinary action by the MCI, including suspension or cancellation of the doctor’s license to practice.

6. Case Laws:

I) Bolam vs. Friern Hospital Management Committee (1957): This landmark case established the Bolam test, which is widely used to determine medical negligence in India. The Hon’ble Court ruled that a doctor is not negligent if they act in accordance with a practice accepted as proper by a responsible body of medical professionals. However, if a doctor’s actions are deemed unreasonable by significant number of medical professionals, it,may be considered negligence.

ii) Indian Medical Association vs. V.P. Shantha (1995): This case highlighted the issue of medical negligence in the context6 of professional liability insurance. The Hon’ble court ruled that doctors should have professional indemnity insurance to compensate patients in case of negligence. This decision aimed to protect patient’s rights and ensure accountability within the medical profession.

1. Jacob Mathew vs. State of Punjab (2005): In this case the Hon’ble Supreme Court emphasized the importance of informed consent. The Hon’ble court held that doctors must inform patients about the risk and benefits of a particular treatment or procedure, enabling them to make an informed decision. Failure to obtain informed consent can be considered negligence.
2. Martin F.D’Souza vs. Mohd. Ishfaq (2009): This case highlighted the importance of maintaining medical records. The Hon’ble court ruled that doctors must maintain accurate and complete medical records, as they serve as crucial evidence in determining negligence. Failure to maintain proper records can be considered negligence, as it hampers the ability to assess the quality of care provided.
3. Kusum Sharma &Ors. Vs. Batra Hospital & Medical Research Centre &Ors(2010): This case addressed the issue of unnecessary medical procedures. The Hon’ble court held that doctors who perform unnecessary surgeries or procedures for financial gain can be held liable for negligence. This decision aimed to curb the practice of overcharging patients and performing unnecessary medical interventions.

7. The Way Forward:

To address the negligence of doctors in India, several measures need to be implemented. Firstly, there should be stricter regulations and licensing procedures to ensure that only qualified and competent individuals are allowed to practice medicine. The MCI should be reformed to enhance its efficiency and transparency, ensuring that it fulfills its role of safeguarding patient interest. Additionally, continuing medical education programs should be made mandatory for doctors to keep them updated with the lates medical advancements and best practices. This will help reduce errors and improve patient care. Hospitals and healthcare institutions should also invest in better infrastructure and facilities to alleviate the burden on doctors and provide them with a conducive working environment.

8. Conclusion:

The negligence of doctors in India is a matter of concern and demands immediate attention, as it directly impacts the lives and well- being of patients. The case laws discussed above have played a significant role in shaping the legal framework surrounding medical negligence. It is crucial for doctors to adhere to ethical standards, maintain transparency, and prioritize patient safety to ensure the delivery of quality healthcare services in India. The government, regulatory bodies, and the medical fraternity must work together to implement stricter regulations, enhance accountability, and improve the overall quality of healthcare. By doing so, we can restore trust in he medical profession and ensure that patients receive the care they deserve, ultimately saving countless lives and preventing unnecessary suffering.