Medical Negligence – A Different Outcome: Negligence should always follow the same criteria, whatever the circumstances and in the case of specially trained professionals in acting within their specialty there is a higher standard of care, i.e. A 2006 study found plaintiffs winning only 21% of the time and medical negligence compensation accounts for only 0.3% of national healthcare costs. Although Negligence under Black's Law Dictionary is referred as Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. Any reasonable man entering into a profession which requires a particular level of learning to be called a professional of that branch, impliedly assures the person dealing with him that the skill which he professes to possess shall be exercised and exercised with a reasonable degree of care and caution. In Poonam Verma v Ashwin Patil & Ors. It has only emphasised the need for care and caution in prosecuting doctors in the interests of society. Recently there has been a major increase in the cases of gross medical negligence which calls for some immediate strict laws to be made in this regard. Medical Negligence: Law and Interpretation Introduction For a patient, the doctor is like God. 304A of the IPC has to be read as qualified by the word ‘grossly’. Section 304-A was added to the IPC by the Amendment Act, of 1870. Doctor is having clinic not the hospital. Comments should be on the topic and should not be abusive. This is all what the person approaching the professional can expect. a Doctor practicing medicine is judged against a reasonable doctor. And, to err is human. Two acts of negligence may give rise to a much bigger problem. Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. Professional negligence, more specifically, medical negligence is, as the term suggests, relates to the medical profession and is the result of some irregular conduct on the part of any member of the profession or related service in discharge of professional duties. Here, the concerns turns out really serious and should be the prime focus during this pandemic as more medical practices are done in these days when compared to early normal days. Medical negligence results in high numbers of death and severe consequence for the patient. Justice Deepak Gupta and Justice Hemant Gupta discussed the nature of medical negligence where the Supreme Court held while dealing with the case of Professional Negligence that, "In the law of negligence, professionals such as lawyers, doctors, architects and others are included in the category of persons professing some special skill or skilled persons generally. Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied to suffer that harm, or to take the risk of that harm. The only assurance which such a professional can give or can be understood to have given by implication is that he is possessed of the requisite skill in that branch of profession which he is practising and while undertaking the performance of the task entrusted to him, he would be exercising his skill with reasonable competence. Merely because the doctor chooses one course of action over others, he won't be liable. But that is what the patient thinks. Civil Liability and Medical Negligence. DEFENSES FOR MEDICAL NEGLIGENCE. “Medical negligence is when the care provided to a patient falls below the accepted standards of medical practice, due to an act or omission from the medical professional. Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law. His wife was wrongly treated for typhoid fever rather than malaria, because of some incorrect prescription gave by the medical clinic. Dr. S.Selvamani, Senior Consultant and Interventional cardiologist [ Reg. Researchers at the Harvard School of Public Health examined over 1,400 closed medical negligence claims and found that 97% were meritorious and about 80% involved death or serious injury. Dr. S. Selvamani, procedures makes me to spend around Rs.4,50,000 ( Rupees Four lacs and fifty Thousand ) at Meenakshi Mission Hospital and Research Centre, Madurai and now I am spending more money on review and other lab and ECHO procedures to improve the EF% of my heart. However, the definition of medical negligence is not given in any of the laws in force in India. The civil liability in medical negligence usually arises when the expected care that the professionals such as doctors who deal with lives of person fail to take such necessary cautions. Medical Negligence: Law and Interpretation Introduction For a patient, the doctor is like God. Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. IPC PROFESSOR MEDICAL NEGLIGENCE: A CRITICAL STUDY The term “medical negligence” is an omnibus one which, has come into vogue to refer to wrongful actions or omissions of medical professionals in pursuit of their profession, while dealing with patients. Negligence is predominantly a theory of liability concerning allegations of medical malpractice, making this type of litigation part of the Tort Law. 5.0 on 5.0 Talk to Advocate Ajay Sethi; You have stated that you have secured the information/evidences pertaining to file a case for medical negligence. Deficiency in service has to be judged by applying the test of reasonable skill and care which is applicable in action for damages for negligence. She was not admitted to the clinic, just for three days doctor given her 2 bottle of saline everyday. In a case where medicinal fluids were administered by a homoeopath doctor without having knowledge of such administration leading to the death of the patient was considered as medical negligence and the doctor was penalised under Section 304A. And, the God is infallible. Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. Public awareness of medical negligence in India is growing. (adsbygoogle = window.adsbygoogle || []).push({}); Join LAWyersclubindia.com and Share your Knowledge. Section 304A was added in the year 1870 by the Indian Penal Code … IPC PROFESSOR MEDICAL NEGLIGENCE: A CRITICAL STUDY The term “medical negligence” is an omnibus one which, has come into vogue to refer to wrongful actions or omissions of medical professionals in pursuit of their profession, while dealing with patients. A 2006 study found plaintiffs winning only 21% of the time and medical negligence compensation accounts for only 0.3% of national healthcare costs. The management one day suddenly closed the premises, with all my belongings trapped inside, without giving me any notice. Ø Under Section 304A [IPC] – For causing death of a patient by rash or negligent act. The component of Medical Negligence- The defendant’s duty to care– Every patient deserves prompt attention at a reasonable cost once admitted. Before the administration of anaesthesia or performance of an operation, the medical man is expected to follow the accepted precautions. A medical practitioner is liable for negligence if he/she deviates from “the standard treatment” recommended for taking care of his/her … The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights. The support staff may be careless. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in a breach of their duties and harming the patients which are their consumers. Failure to exercise due care is Negligence. He is, however, not liable for an error judgment. As I have said earlier wihen I make cancellation of ticket irctc website refuse it and when I file TDR irctc site told that TDR can only be file after charting done and departure of train, no other method is describe there. In V. Krishna Rao v. Nikhil Super Speciality Hospital 2010, an official in malaria fever filed an objection against the medical clinic for negligence in treating his wife. Murder. The following is an analytical comparison of the laws mentioned above about medical negligence. Under Civil law, a case for Medical Negligence may be initiated under Consumer Protection Act or by means of filing a suit in a civil court against a private medical institution or a practitioner who are not providing medical care free of charges. The method of sending email is only come to know by me when I contacted irctc helpline. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. (Jacob Mathew v State of Punjab)2 This means that mere negligence is not enough for a doctor, but gross negligence is needed. Negligence also includes within its ambit cases of medical negligence which is said to attract the provisions of Section 304A. Medical Negligence. Now I am taking T.Planeb, T.Cardarone and T. Cardace to improve the condition of the heart prescribed by an another cardiologist to improve the pumping capacity of the heart, which was failed by Dr. S. Selvamani. Doctors may be negligent. Culpable Homicide either amounting to murder or not; and 2. Indian Penal Code and Medical Negligence Indian Penal Code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpraxis in India. But, it is not a term defined or referred to anywhere in any of the enacted Indian laws. After Discharge,( since the hospital is around 250 Km away from my home town ) I went to another cardiologist in my home town , He took ECHO and stated the extra points like Dialated LA/LV , Grade 3 Diastolic Dysfunction , Moderate PAH , Sclerotic aortic value and minimal effusion behind inferolateral wall , moderate to severe MR, posteriorly directed wall hugging jet ( MR dp/dt 982) and the Global EF is 33 % although Meenakshi Mission Hospital and Research Centre, Madurai took ECHO they didn't reveled the above points in their discharge sheet and the cardiologist Dr.S.Selvamani ,didn't prescribed the medicines which will improve the EF % . The relevant provision for imputing liability to doctors and associated medical professionals is Section 304-A of the Indian Penal Code (IPC), 1860 under which a complaint against a medical practitioner for alleged criminal medical negligence is registered. 4408538575, for travelling from bangalore to delhi by 12213 duranto express on 27-06-2015. This article focuses on describing negligence under various laws, professional negligence, medical negligence, and landmark, as well as recent cases in India. This paper covers the legal aspects and consequences of medical negligence, liability of the victim, and aims… The entire minor to major complexities may be hooked under the medical malpractice. When a FIR (First Information Report) is filed against a doctor for the death of a patient who was under his treatment, under this Indian Penal Code Section 304-A the doctor can be arrested. Section 304-A was added to the IPC by the Amendment Act, of 1870. Medical negligence under section 304a of the Indian penal code - the need to have a relook. It is not, strictly speaking, a mens rea because it refers to an objective standard of behaviour expected of the defendant and does not refer to their mental state. This article is written by Shaunak Parulekar, a student at I.L.S Law College currently in the 2nd Year of the B.A.L.L.B course. A doctor charged under this section can obtain bail and if proved guilty, the doctor can be punished with a maximum of two years imprisonment or fine or both. its meaning, various laws and consequences relating to it and liability that can be In a popular case, Achutrao Haribhau khodwa and Ors v. the State of Maharashtra, the Supreme Court noticed that in the very nature of the medical profession, skills differ from doctor to doctor, and there is more than 1 admissible course of operation. This includes negligence in taking care from a nurse, physician, surgeon, pharmacist, or any other medical practitioner. It can be defined as misconduct by a medical practitioner or doctor, and causes (Tan 2006) many deaths and illnesses each year. The State shall make provision for securing just and humane conditions of work and for maternity relief. 139 in this regard and they told that train cancellation can only be confirmed on 27-06-2015 morning and also advised that i have not to cancel the ticket now but after departure time of the train i have to file the TDR online through irctc website. Later on charges were amended and the Doctors were released on Bail. It was termed that "Negligence has many manifestations —it may be active negligence, collateral negligence, comparative negligence, concurrent negligence, continued negligence, criminal negligence, gross negligence, hazardous negligence, active and passive negligence, willful or reckless negligence or Negligence per se". In R. v Bateman (1925), Dr. Bateman was prosecuted for manslaughter and the charges of negligence made against him were:i) Causing the internal ruptures in performing the operations of ‘version’;ii) Removing part of the uterus along with the placenta;iii) Delay in sending the patient to the infirmary. Medical Negligence and Civil Liability– Medical negligence generally comes under civil liability except when the negligent act committed is so grievous that the injured party is not interested in compensation believes that the doctor who committed the act must be punished severely and charged under IPC for criminal liability. So I suspect that Dr. S. Selvamani didn't diagnosed or gave importance to the pumping capacity of my heart and he did wrong or unwanted procedure like PTCA and temporary pace maker installation. It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. The level of competency and professionalism used will be measured against other professionals in the industry. Section 304-A of the Indian Penal Code, 1860 [IPC] prescribes punishment for death due to rash or negligent conduct of a person. At long last, the decision was given, and Rao was granted pay of Rs 2 lakhs. In fact, the police should register the cases of death due to medical negligence Under Section 304 – A of IPC in which the offence is bailable and the Doctors can be released on bail. With the growing number of cases of medical negligence, it has acquired itself attention of the lawmakers. They are: 1. Medical Negligence and Civil Liability– Medical negligence generally comes under civil liability except when the negligent act committed is so grievous that the injured party is not interested in compensation believes that the doctor who committed the act must be punished severely and charged under IPC for criminal liability. Civil Liability and Medical Negligence. This letter is with reference to the wrong or unwanted medical procedure and hiding the truth regarding my health. Negligence is an offense under Tort, IPC, Indian Contract Act, Consumer Protection Act, and many more. Indian Penal Code, 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpraxis in India. It must be the causa causans; it is not enough that it may have been the causa sine qua non.". Are any clauses of medical act violated in this sudden and unannounced closure of a medical facility? Medical Negligence is the negligence in the field of medicine, where the medical professional is negligent while dealing with his patients. Different provisions regarding the remedy in the form of punishment and compensation are there in 3 laws. Recently there has been a major increase in the cases of gross medical negligence which calls for some immediate strict laws to be made in this regard. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. Researchers at the Harvard School of Public Health examined over 1,400 closed medical negligence claims and found that 97% were meritorious and about 80% involved death or serious injury. Medical Negligence under Section 304A of IPC; In the Judgement Kurban Hussein Mohammedali Rangawalla v. State of Maharashtra related to Section 304A of IPC in accordance with medical negligence (death caused by negligence), It was held that "To impose criminal liability under Section 304A, Indian Penal Code, it is necessary that the death should have been the direct result of a … Within its ambit cases of medical negligence along with conclusion explaining the importance the., standards of professional competence, and the doctors were released on Bail Bombay high in! 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