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What are the legal consequences of medical negligence in India?

What are the legal consequences of medical negligence in India?

14-Mar-2023

Medical Negligence

Answer By law4u team

Medical negligence, which refers to a breach of duty of care by a medical professional resulting in harm or injury to a patient, can have serious legal consequences in India. Here are some of the legal consequences of medical negligence in India: Civil Liability: A patient who has suffered harm or injury due to medical negligence can file a civil lawsuit seeking compensation for damages such as medical expenses, loss of income, and pain and suffering. Criminal Liability: In cases of gross medical negligence or where the negligence results in the death of a patient, a criminal case can be filed against the medical professional under Section 304A of the Indian Penal Code, which deals with causing death by negligence. Professional Disciplinary Action: Medical professionals found guilty of medical negligence may face disciplinary action from their professional regulatory body such as suspension or revocation of their license to practice medicine. Consumer Complaints: Patients or their family members can also file complaints with consumer forums or commissions seeking compensation for medical negligence under the Consumer Protection Act, 2019. In summary, medical negligence can have serious legal consequences in India and medical professionals must take appropriate measures to prevent it, including providing proper medical care, obtaining informed consent, and following medical protocols and guidelines.

Answer By Ayantika Mondal

Dear client, Medical negligence in India can lead to legal consequences under the various laws, including civil, criminal, and consumer protection laws. The liability of medical professionals is determined based on the negligence, breach of duty, and harm caused to the patient. CIVIL LIABILITY Under the civil law, a victim of medical negligence can seek compensation through tort law or the consumer protection act, 2019. TORT LAW LIABILITY • The victim can file a lawsuit in a civil court for damages due to medical negligence. • The compensation awarded may include: • Medical expenses incurred due to negligence • Loss of income due to disability or prolonged treatment • Pain and suffering caused to the patient • Future medical expenses for rehabilitation The Bolam test is often applied to determine if the doctor acted in accordance with acceptable medical practice. CONSUMER PROTECTION ACT, 2019 Medical services are considered as service under this act, and patients can file complaints in consumer courts. Compensation is awarded for the deficiency in service if the negligence is proven. The case can be filed before: • District commission which for claims up to 1 crore • State commission can claim between 1 crore and 10 crores • National commission claims can be above 10 crores CRIMINAL LIABILITY In the extreme cases, where the negligence leads to the death or severe injury of a patients, criminal liability may be imposed under the Indian penal code (IPC). • Section 304A- death due to negligence If the doctor’s negligence causes the death of a patient, they can be charged under the section 304A IPC. This section prescribes the imprisonment up to two years a fine or both. • Sections 337 and 338- Causing hurt by negligence If the patient suffers serious injury due to medical negligence, the doctor may be held liable under • Section 337 IPC punishable with punishment up to six months imprisonment or a fine. PROFESSIONAL DISCIPLIANRY ACTION: • Medical practitioners found guilty of negligence may face disciplinary action from the national medical commission or state medical councils. • Complaints can be filed with the state medical council or national medical commission. Possible actions include • Suspension of medical licensee for a specific period. • Permanent revocation of the license in extreme cases • Issuance of a warning or mandatory training programs. HOSPITAL LIABILITY • Hospital liability can be held liable for the negligent acts of their staff under the vicarious liability • If the hospital fails to provide adequate care, it can be sued for the compensation. • Private hospitals and corporate healthcare institutions are often held financially responsible for negligence committed by their doctors and nurses. ETHICAL AND REPUTATIONAL CONSEQUENCS: • Doctors and hospitals found guilty of medical negligence may suffer damages to reputation, leading to loss of patient and credibility. • Negative media coverage and public outrage can impact the professional standing of the medical practitioner. • Many doctors facing repeated negligence complaints find it difficult to obtain employment or practice freely. LEGAL DEFENSE AVAILABLE TO MEDICAL PROFESSIONALS: • ABSENCE OF NEGLIGENCE: demonstrating that they followed standard medical practices and exercised due care. • NO DIRECT CAUSATION: arguing that the injury was due to pre-existing conditions or complications unrelated to negligence. • INFOMED CONSENT: showing that the patient was informed of risks before undergoing treatment. • EMERGENCY TREATMENT DOCTRINE: asserting that life-saving treatment was given under critical conditions, justifying any errors. I hope this answer helps, in case of future queries please feel free to contact us. Thank you

Answer By Anik

Dear client, Medical negligence in India can result in various legal consequences under civil, criminal and consumer protection laws. Liability for medical professionals is based on negligence, breach of duty, and harm to patients. TORT LAW LIABILITY: victims can file lawsuits in civil courts for damages resulting from medical negligence. Compensation may include: • Medical expenses due to negligence. • Loss of income from disability or prolonged treatment. • Pain and suffering experienced by the patient • Future medical expenses for rehabilitation. The Bolam test is often used to determine if a doctor acted according to accepted medical standards. CONSUMER PROTECTION ACT, 2019 Medical services fall under this act as services, allowing patients to file complaints in consumer courts Compensation is awarded for deficiency in service if negligence is proven cases can be filed before: • District commission • State commission • National commission In severe cases, where negligence leads to death or serious injury, criminal liability may arise under the Indian Penal Code • Section 304A • section 337 and 338 medical practitioners found guilty of negligence may face disciplinary actions by the national medical commission or state medical councils. Complaints can lead to: • temporary suspension of their medical license • permanent revocation of their license in severe cases • issuance of warnings or mandatory training programs hospitals can be held liable for negligent acts of their staff under the principle of vicarious liability. If the hospitals fail to provide adequate care, it may be sued for compensation. Private and corporate healthcare institutions often bear financial responsibility for negligence committed by their staff. Doctors and hospitals guilty of negligence may damage their reputation, leading to loss of patients and professionals’ credibility. Negative media coverage and public backlash can further harm a medical professional standing. Repeated complaints may hinder doctors from securing employment or practicing freely. I hope this answer helps, in case of future queries please feel free to contact us. Thank you