What if a wrong injection or medicine is given to a patient?

Answer By law4u team

Yes, India is a party to the Convention on the Rights of the Child (CRC). India signed the CRC on 26 January 1990. India ratified the Convention on 11 December 1992. By ratifying the CRC, India committed to upholding and promoting the rights of children as defined under the Convention, including: Right to life, survival, and development Right to education and healthcare Protection from abuse, exploitation, and neglect Right to be heard and to participate in decisions affecting them India has also enacted various child protection laws in line with the CRC, such as: The Juvenile Justice (Care and Protection of Children) Act, 2015 The Protection of Children from Sexual Offences (POCSO) Act, 2012 The Right of Children to Free and Compulsory Education Act, 2009 However, India made certain reservations, especially concerning the child’s right to freedom of religion and adoption under personal laws, stating that these would be subject to Indian domestic law and customs.

Answer By Ayantika Mondal

Dear Client, There may be legal repercussions if the incorrect injection or medication is administered since it could be deemed medical negligence. Legal repercussions: Civil Liability: Under either consumer protection or tort law the patient may bring a claim for medical negligence. If the error results in harm, disability or death compensation may be sought. In accordance with the 2019 Consumer Protection Act a complaint may be submitted to the Consumer Forum. Criminal Liability: The hospital or doctor may be charged under the following if the act is egregiously negligent or results in significant injury or death. IPC Section 304A: Negligence that results in death. Section 337/338 IPC: Inflicting pain or suffering by putting life in danger. Disciplinary measures: One may file a complaint with the Medical Council of India or the State Medical Council. If found guilty the concerned practitioner may face deregistration or suspension. The burden and proof The patient needs to demonstrate that: The duty of care was in place. (Wrong medicine) That duty was violated. The breach actually caused damage. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.