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Can denial of treatment be treated as negligence?

Can denial of treatment be treated as negligence?

21-Jul-2025

Medical Negligence

Answer By law4u team

Yes, refusing medical treatment can be considered negligence under Indian law, especially if it causes harm, injury or death to the patient. Legal basis: Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 - Regulation 2.1.1 mandates that every doctor must provide emergency care and not arbitrarily refuse treatment. Consumer Protection Act, 2019 - If refusal of treatment causes harm, patients can sue hospitals or doctors for medical negligence. Compensation can be awarded. Constitutional protection - Article 21 (right to life) includes the right to timely medical treatment. In Parmanand Katara vs Union of India (1989), the Supreme Court held that doctors should not refuse emergency care. Criminal Liability – If the refusal of treatment results in death or serious harm, criminal charges may apply under: Section 304A IPC – Negligently causing death Section 336–338 IPC – Acts endangering life or personal safety Situations considered as negligence: Refusal of emergency treatment Refusal of care due to non-payment in urgent cases Delay in treatment causing deterioration of condition Discrimination-based refusal (e.g., caste, religion, gender) Exceptions: If the hospital lacks the necessary facilities, it may refer the patient elsewhere, but refusal without referral or emergency assistance is not acceptable. Conclusion: Yes, refusal of treatment, especially in emergencies, is considered medical negligence in India and can lead to civil, criminal and constitutional consequences for the hospital or medical staff.

Answer By Ayantika Mondal

Dear Client, Yes, refusing medical care can be considered medical negligence especially if the patient suffers injury or passes away as a result. The Indian Supreme Court has stressed the duty of care that physicians and hospitals have to their patients. Comparably depending on the circumstances private hospitals may be held accountable for negligence under consumer protection laws tort law or even criminal law. Therefore it may be considered medical negligence if a hospital denies necessary treatment, delays emergency care or refuses admission without a good reason. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Anik

Dear Sir, Yes in many cases health care providers’ failure to treat is a form of medical negligence which in a country like India where health and life are Constitutionally protected rights we see play out. At it’s root medical negligence is a failure of the “duty of care” which a doctor or hospital has to a patient. This duty of care is a legal requirement which comes into play the moment a doctor and patient relationship is formed. Denial of care may be classified as negligence in the following key cases:. Denial in an Emergency: The greatest example of this is in the form of a doctor’s refusal to give out emergency medical care. In the 1989 case of Parmanand Katara v. Union of India the Indian Supreme Court ruled that all doctors, which includes those in private practice as well as in the government health care system, have a professional duty to care for patients. This decision is very clear in that it states that no doctor or hospital may turn away a patient in a life threatening emergency because of that person’s inability to pay. Abrupt Withdrawal from Treatment: Once a doctor takes up a case they are not to drop the patient out of care for no good reason and at the same time do not put in place for the patient to receive care from a different competent professional. To pull out of treatment suddenly which in turn may cause the patient’s health to deteriorate or even lead to their death is to be looked at as negligence. Refusal to Refer: If a doctor does not have the required expertise or facilities for a patient’s condition they have a professional responsibility to refer that patient to a more skilled specialist or a better equipped hospital. Also should that which is put forth by the doctor go forward to cause harm then it also may be seen as a breach of the duty of care. While denial of care is a kind of negligence which we see play out in both civil liability (under the Consumer Protection Act) and in very serious cases criminal liability (under the Indian Penal Code). What is to be proven is that the denial was the direct cause of the patient’s harm or injury. I wish that this response helps you out with your queries. Should you have any issues, please do not hesitate to ask. Thank you.