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What is medical negligence?

What is medical negligence?

16-Apr-2025

Medical Negligence

Answer By law4u team

Medical negligence refers to a situation where a medical professional (such as a doctor, nurse, or hospital) fails to provide proper care, resulting in harm, injury, or death to a patient. It is a civil wrong and can lead to legal action for compensation under Indian law. It is governed under various laws, such as: The Consumer Protection Act, 2019 Indian Penal Code (IPC), 1860 – Section 304A (causing death by negligence) Law of Torts (civil liability) Key elements of medical negligence: Duty of care: The medical professional must have a legal duty to care for the patient. Breach of duty: The doctor must have failed to meet the standard of care expected from a reasonably competent medical professional. Causation: The breach must directly cause harm, injury, or death. Damage: The patient must have suffered some loss (physical, emotional, or financial). Examples of medical negligence: Performing surgery on the wrong organ or body part Wrong or delayed diagnosis leading to harm Prescribing the wrong medication or dosage Leaving surgical instruments inside the patient Failure to inform the patient about risks involved in treatment (lack of informed consent) Legal remedies available: Consumer court complaint:Patients can file a complaint under the Consumer Protection Act for deficiency in service and claim compensation. No need to pay court fees, and the process is generally faster. Civil suit for damages:A patient can file a civil suit in a civil court for compensation under tort law. Criminal complaint:If there is gross negligence resulting in death, a criminal case can be filed under Section 304A IPC (causing death by negligence), which can lead to imprisonment and fine. Medical Council complaint:A complaint can be filed with the Medical Council of India or State Medical Council. The doctor’s license may be suspended or canceled after investigation. Landmark Indian case: Dr. Suresh Gupta v. Govt. of NCT of Delhi (2004) – The Supreme Court held that criminal prosecution of a doctor can happen only in cases of gross negligence and not in simple cases of error of judgment. Important notes: A doctor is not automatically liable just because a patient dies or is injured. It must be proven that the doctor acted negligently. Medical negligence must be supported with expert medical evidence.

Answer By Anik

The term “medical negligence” is an omnibus one, which has come in vogue to refer to wrongful actions or omissions of professionals in the field of medicine, in pursuit of their profession, while dealing with patients. It is not a term defined or referred to anywhere in any of the enacted Indian laws. The consequences of legally cognizable medical negligence can broadly be put into three categories: (i) Criminal liability, (ii) monetary liability, and (iii) disciplinary action. Criminal liability can be fastened pursuant to the provisions of the Indian Penal Code, 1860 (“IPC”), which are general in nature and do not provide specifically for “medical negligence.” For instance, Section 106 of BNS. Other general provisions of IPC, such as Section 125 (a) and (b) are also often deployed in relation to medical negligence cases. Civil liability, i.e., monetary compensation can be fastened under the general law by pursuing a remedy before appropriate civil court or consumer forums. Another consequence of medical negligence could be in the form of imposition of penalties pursuant to disciplinary action. Professional misconduct by medical practitioners is governed by the Indian Medical Council (IMC) (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, made under IMC Act, 1956.

Answer By Ayantika Mondal

The medical profession is considered a noble profession because it helps in preserving life. We believe life is God given. Thus, a doctor figures in the scheme of God as he stands to carry out His command. A patient generally approaches a doctor/hospital based on his/its reputation. Expectations of a patient are two-fold: doctors and hospitals are expected to provide medical treatment with all the knowledge and skill at their command and secondly, they will not do anything to harm the patient in any manner either because of their negligence, carelessness, or reckless attitude of their staff. Though a doctor may not be in a position to save his patient's life at all times, he is expected to use his special knowledge and skill in the most appropriate manner keeping in mind the interest of the patient who has entrusted his life to him. Therefore, it is expected that a doctor carry out necessary investigation or seeks a report from the patient. Furthermore, unless it is an emergency, he obtains informed consent of the patient before proceeding with any major treatment, surgical operation, or even invasive investigation. Failure of a doctor and hospital to discharge this obligation is essentially attracts a liability.