Law on Medical Negligence

Introduction

Medical negligence is a serious concern that can have profound implications on patients' health and well-being. In India, the legal framework surrounding medical negligence has evolved to provide patients with avenues to seek justice and compensation when they suffer harm due to healthcare providers' negligence. This article aims to provide a comprehensive overview of the laws on medical negligence in India, including legal framework, case laws and remedies.

What do you mean by Medical Negligence?

Medical negligence refers to the failure of a healthcare provider to meet the standard of care expected within the medical profession, resulting in harm or injury to a patient. It is not just a medical error or an adverse outcome, but rather a breach of duty owed to the patient. To establish medical negligence, certain elements must be proven, including:

1. Duty of Care: The healthcare provider owed a duty of care to the patient, meaning they had a professional obligation to provide competent and appropriate treatment.
2. Breach of Duty: The provider's actions or omissions fell below the accepted standard of care within the medical community.
3. Causation: The breach of duty directly caused the patient's harm or injury.
4. Damages: The patient suffered physical, emotional, or financial harm as a result of the provider's negligence.

Legal Framework on Medical Negligence

The following are legal framework for medical negligence in India;

Consumer Protection Act, 2019

The Consumer Protection Act, 2019, introduced a separate avenue for patients to seek compensation for medical negligence. It categorizes medical services as "services" under its purview, allowing patients to file complaints before Consumer Disputes Redressal Commissions. This Act has made the process more consumer-friendly and expedited compensation claims for deficient medical services.

The Indian Penal Code (IPC)

The Indian Penal Code does not specifically have sections exclusively dedicated to medical negligence; however, it includes relevant sections that can be invoked in cases of negligence causing harm or death. The most pertinent section in cases of medical negligence is Section 304A. Here is a detailed explanation of the relevant sections:

• Section 304A - Causing Death by Negligence:

  Section 304A of the IPC deals with cases where death is caused by negligence. It reads as follows:
  "304A. Causing death by negligence—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
  In cases of medical negligence where the patient's death results from a healthcare provider's rash or negligent act, this section can be invoked. To establish the offense under Section 304A, the following elements need to be proven:

• The accused caused the death of a person.
• The act that caused the death was rash or negligent.
• The act did not amount to culpable homicide, which involves a higher degree of intention or knowledge.
  It's important to note that Section 304A deals with cases of death resulting from negligence and not cases of grievous hurt or injury.

• Section 337 - Causing Hurt by Act Endangering Life or Personal Safety of Others

  Section 337 of the IPC pertains to causing hurt by an act that endangers the life or personal safety of others. This section can be applicable in cases where the healthcare provider's negligence results in bodily harm or injury to the patient. It reads as follows:
  "337. Causing hurt by act endangering life or personal safety of others—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both."
  To establish the offense under Section 337, the following elements need to be proven:

• The accused caused hurt to a person.
• The act that caused hurt was done rashly or negligently.
• The act endangered human life or personal safety.

• Section 338 - Causing Grievous Hurt by Act Endangering Life or Personal Safety of Others

  Section 338 of the IPC deals with causing grievous hurt by an act that endangers life or personal safety. This section can be applicable in cases where the patient suffers severe injuries due to the healthcare provider's negligence. It reads as follows:
  "338. Causing grievous hurt by act endangering life or personal safety of others—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both."
  To establish the offense under Section 338, the following elements need to be proven:

• The accused caused grievous hurt to a person.
• The act that caused the hurt was done rashly or negligently.
• The act endangered human life or personal safety.

Prominent Case Laws: Medical Negligence

Here are a couple of relevant case laws related to medical emergencies in India:

Vincent Panikurlangara v. Union of India (1987)

In this landmark case, the Supreme Court of India emphasized the right to medical treatment, even in cases of economic insufficiency. The case involved a destitute patient who was denied medical treatment due to lack of funds. The court held that Article 21 of the Indian Constitution, which guarantees the right to life, includes the right to medical treatment. The court ruled that government hospitals and medical institutions have a constitutional obligation to provide necessary medical treatment to all individuals, regardless of their financial status.

Parmanand Katara v. Union of India (1989)

In this case, the Supreme Court of India addressed the duty of hospitals and doctors in cases of medical emergencies. The petitioner sought the court's intervention to compel hospitals to provide immediate medical aid to accident victims without requiring procedural formalities. The court ruled that hospitals have a legal and ethical duty to provide immediate medical treatment to accident victims, irrespective of the jurisdiction of the police or the requirement of a First Information Report (FIR). The court held that the preservation of human life is paramount and should take precedence over other considerations in such emergencies.

These case laws highlight the importance of ensuring access to medical treatment during emergencies, irrespective of financial status or administrative procedures. They establish the legal and ethical duty of medical institutions and healthcare providers to provide immediate and necessary medical assistance to individuals in dire need, emphasizing the right to life and the preservation of human life as fundamental principles.

Remedies and Compensation

When medical negligence is proven, patients are entitled to seek compensation for various types of damages, including:

1. Medical Expenses: Compensation for the costs incurred due to corrective medical treatment or additional care required.
2. Loss of Income: Compensation for loss of income due to extended medical treatment or inability to work.
3. Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by negligence.
4. Punitive Damages: In extreme cases of gross negligence or willful misconduct, punitive damages may be awarded to deter similar behavior in the future.

Conclusion

Medical negligence is a complex issue that requires careful consideration of legal, ethical, and medical aspects. Patients' rights to quality healthcare are protected by a robust legal framework in India. While legal avenues exist for seeking justice and compensation, promoting a culture of patient safety, continuous medical education, and effective communication between patients and healthcare providers is equally important in preventing medical negligence. To know more about legal implications on medical negligence, you should contact experienced family lawyers or lawyers near you to have detailed information.

FAQs

1. What is Article 21 and medical negligence?

   Article 21 mentions to protect each person's right to life. Thus, protecting human life is of utmost importance. The state-run government hospitals have a duty to provide medical care in order to preserve human life.

2. How can I sue a doctor for medical negligence in India?

   According to V.P. Santha-III (1995) CPJ 1(SC), this statute covers practically all medical services. After this ruling, the injured party may sue a physician or a hospital for damages for medical negligence.

3. What is medical negligence under civil law?

   Medical Negligence refers to behaviour by a medical professional that causes the patient harm or injury. Medical professionals owe their patients a responsibility of care. Medical negligence is when a medical professional doesn't uphold the standards of care that they are obliged to uphold.

4. What are the 4 types of negligence?

   The four types of negligence are as follows;

• Gross Negligence;
• Comparative Negligence;
• Contributory Negligence; and
• Vicarious Negligence