Are Ghost Surgeries Legal in India?

Ghost surgeries, a practice where a surgeon allows someone else, often a less qualified individual, to perform the surgery while the patient is under the impression that the primary surgeon is performing the procedure, are both unethical and illegal in many parts of the world, including India. This practice raises serious ethical and legal issues, especially regarding patient consent, medical malpractice, and accountability in healthcare.

Are Ghost Surgeries Legal in India?

Legal and Ethical Violations:

In India, ghost surgeries are unequivocally considered illegal and unethical. The practice of allowing an unqualified person to perform surgery, while the patient believes it is being done by the primary surgeon, violates several medical and ethical standards.

Medical Malpractice and Negligence:

Ghost surgeries are often classified under medical malpractice and negligence. Medical professionals in India are legally obligated to provide the standard of care that patients expect and deserve, which includes performing surgeries themselves or ensuring qualified personnel are involved. If a surgery is performed by someone other than the primary surgeon without informed consent, it can be grounds for a medical malpractice lawsuit.

Violation of Patient Consent:

The cornerstone of medical practice in India, as in many other countries, is patient consent. If a surgeon delegates a procedure to someone else without informing the patient, it is a violation of the patient’s right to informed consent. This practice could lead to legal consequences, including civil suits for negligence or criminal charges for fraud.

Indian Medical Council (IMC) Guidelines:

The Indian Medical Council (IMC) sets guidelines for medical professionals, and these guidelines require that surgeries be performed by qualified individuals and with the consent of the patient. Any deviation from this can lead to disciplinary actions by medical boards or professional councils.

Legal and Ethical Consequences of Ghost Surgeries in India:

Criminal Liability:

If a ghost surgery leads to harm, injury, or death, the surgeon or healthcare institution involved may face criminal charges for causing harm through negligence or fraud. Under the Indian Penal Code (IPC), causing harm due to negligence (Section 304A) or criminal conspiracy (Section 120B) can lead to significant legal penalties.

Professional Disciplinary Actions:

Doctors or hospitals involved in ghost surgeries can face disciplinary actions from the Medical Council of India (MCI) or state medical councils. These actions may include suspension or revocation of the medical license, fines, and other professional sanctions.

Civil Liability:

Victims of ghost surgeries can file civil lawsuits for compensation due to the harm caused by negligence, lack of consent, or breach of contract. If a patient is harmed during a ghost surgery, they can sue for damages related to medical expenses, pain and suffering, and lost wages.

Damage to Reputation and Career:

For medical professionals, involvement in ghost surgeries can lead to irreparable damage to their career. It can tarnish their reputation in the medical community and among patients, and they may lose the trust and confidence of their peers and the public.

Example:

A patient in India undergoes surgery with the understanding that a renowned surgeon will perform the operation. However, during the procedure, the patient’s surgery is conducted by a junior doctor or an unqualified individual, with no informed consent from the patient. After the surgery, the patient suffers complications due to the lack of expertise.

• The patient files a lawsuit against the surgeon and the hospital for medical malpractice, claiming that their consent was violated and that they were misled about who would be performing the surgery.
• The surgeon faces disciplinary action from the medical board and criminal charges for medical negligence.
• The hospital may also face legal consequences for not ensuring that proper medical standards were followed.

Conclusion:

Ghost surgeries are illegal in India and carry serious legal and ethical consequences. They violate patient rights, including the right to informed consent, and constitute medical malpractice. Such practices are punishable under both criminal and civil law and can result in disciplinary actions, including suspension or revocation of medical licenses, along with substantial financial liabilities for the healthcare providers involved.