Medical Negligence

Medical professionals who neglect their professional responsibilities are guilty of medical negligence. Each and every healthcare professional has a responsibility of care to their patients. Medical negligence can be the result if they fail to perform such obligation.
There is typically a medical mistake involved in the malpractice or neglect. This might relate to the diagnosis, the administration of medication, the course of therapy, or the aftercare.
"Actionable Negligence comprises in the disregard of the use of normal treatment or skill regarding a person to whom the other party owes the duty of witnessing routine diligence and expertise because of the disregard the plaintiff sustained injury to his person or property," the Supreme Court of India defined negligence in the case of Jacob Mathew v. State of Punjab and Another.

If a patient suffers suffering or injury as a result of a healthcare provider's departure from the standard of care that is typically expected in comparable circumstances, the healthcare professional is legally liable. Erroneous diagnoses, improper aftercare, and surgical mistakes are a few prevalent examples of medical neglect.
Statutes that control medical negligence:
According to Indian Penal Code Section 304A: Negligence that results in death is covered in this section. In the event that a medical professional's carelessness results in a patient's death, they may be subject to a fine, two years in jail, or both.

Section 106 (1) of the BNS will take the place of Section 304 A of the IPC. According to Section 106 of the BNS, anyone who causes the death of another person by engaging in reckless or thoughtless behavior that does not constitute culpable homicide faces up to five years in prison of any kind as well as a fine. If a registered medical professional commits such an act while carrying out a medical procedure, they face up to two years in prison of any kind as well as a significant fine.
On July 1, National Doctors' Day, a provision of the Bharatiya Nyaya Sanhita (BNS), which will replace the Indian Penal Code (IPC), has been met with opposition by doctors practicing contemporary medicine.
•Section 106 (1) of the BNS will take the place of Section 304 A of the IPC. According to Section 304 A, anybody who kills another person by doing a careless or reckless act that does not constitute culpable murder faces a maximum two-year sentence in type of jail, a fine, or both.
Section 106 of the BNS states that any person who kills another person through reckless or thoughtless behavior that does not constitute culpable homicide faces up to five years in prison of any kind as well as a fine. If a registered medical professional commits such an act while carrying out a medical procedure, he faces up to two years in prison of any kind as well as a fine. A "registered medical practitioner" is a health care provider whose name has been registered in either a State or National medical registry pursuant to the National Medical Commission Act, 2019 and who holds any medical qualification recognized by such Act. Thus, incarceration may be required under BNS if a person is proven guilty.
The Indian Medical Association (IMA) noted in a letter to Prime Minister Narendra Modi on June 29 that a doctor treating a patient would not have any criminal intent. "An act not intended to cause death, done by permission in good faith for person's benefit" is described in Section 26 of the BNS. There is no carelessness to warrant criminal prosecution. The IMA staff proposed that in situations where there is a claim of medical malpractice, the investigating officer should bring up this clause.
The Consumer Protection Act of 1986 covers medical practitioners, and section 2(1) (o) of the Act states that services provided by medical practitioners should be considered services. In a similar vein, medical services will come under the purview of services under the new Consumer Protection Act, 2019 (section 2(42)).
In CPL Ashish kumar chauhan(retd.) v. commanding officer, 2023 SCC OnLine SC 1220, the Supreme Court ordered the Indian Air Force (IAF) to pay around ₹1.6 crores reimbursement to a soldier who contracted the human immunodeficiency virus (HIV) during a transfusion of blood in order at a military hospital. The Court then issued a flurry of directions instructing the Central and State governments, courts, and quasi-judicial entities to enforce the HIV Act.

Conclusion: Medical negligence is a severe issue in India, causing injury to patients, loss of life, and mental suffering for their families. The legal basis for medical negligence in India is founded on the Indian Penal Code, the Consumer Protection Act, and several Supreme Court and High Court decisions. However, the new BNS is a comfort to doctors since the same violation has been made cognizable and bailable.

RELATED Blog

Your Message

0 comments

Load more comments