Doctor’s liability in medical negligence cases

Medical malpractice and negligence is a special kind of personal injury case brought against hospitals, Doctors, nurses, or other medical professionals. Medical negligence arises from an act or omission by a medical practitioner, which no reasonably competent and careful practitioner would have committed.

Those who suffer from a medical malpractice injury may be able to hold the medical care provider(s) responsible for that injury liable under the special rules that apply to this type of professional negligence.

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Liability under the Consumer Protection Act

The Supreme Court decision in Indian Medical Association v VP Shantha brought the medical profession within the ambit of a 'service' as defined in the Consumer Protection Act, 1986. This transformed the relationship between patients and medical professionals as contractual. Patients who had sustained injuries in the course of treatment could now sue doctors in 'procedure-free' consumer protection courts for compensation.

The Consumer Protection Act will not come to the rescue of patients if the service is rendered free of charge, or if they have paid only a nominal registration fee. However, if patients' charges are waived because of their incapacity to pay, they are considered to be consumers and can sue under the Consumer Protection Act.

Liability under tort law

Where the Consumer Protection Act ends, the law of torts takes over and protects the interests of patients. This applies even if medical professionals provide free services.

The onus is on the patient to prove that the doctor was negligent and that the injury was a consequence of the doctor's negligence. Such cases of negligence may include transfusion of blood of incorrect blood groups, leaving a mop in the patient's abdomen after operating, unsuccessful sterilization resulting in the birth of a child, etc.

Consult: Top Medical Negligence Lawyers in India

Liability under criminal law

A doctor can be punished under Section 304A of the Indian Penal Code (IPC) for causing death by a rash or negligent act, say in a case where the death of a patient is caused during operation by a doctor not qualified to operate. The standard of negligence required to be proved against a doctor in cases of criminal negligence (especially that under Section 304A of the IPC) should be so high that it can be described as 'gross negligence or 'recklessness', not merely lack of necessary care. Criminal liability will not be attracted if the patient dies due to an error in judgment or accident.

A doctor can also be punished for causing hurt or grievous hurt under the IPC. However, Sections 87, 88, 89, and 92 of the IPC provide immunity from criminal prosecutions to doctors who act in good faith and for the patient's benefit.

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How can a Lawyer help you in case of Medical Negligence?

A lawyer experienced in the field of law relating to medical negligence is essential to further your interests in the quest for justice. A lawyer can best advise you on the merits of your case and the best plan of action to adopt moving forward.

A medical negligence lawyer will not only help you gain a proper understanding of your rights and remedies available in law but also manage the documentation required in this regard to best put forward your case. A lawyer will prepare your matter, based on the facts and circumstances of your particular case and will also represent and argue on your behalf. He/She will be able to tell you if you should go for a civil remedy or file a criminal case, or both.

A lawyer can also guide you and defend you, in case you are a doctor and a case of medical negligence has been filed against you. Thus, the first step that you should take is to consult a lawyer and get legal advice so that you can be guided upon the path to justice. You can also Ask a Free Question to get free advice on your legal issue from expert lawyers.

Medical malpractice and negligence is a special kind of personal injury case brought against hospitals, Doctors, nurses, or other medical professionals. Medical negligence arises from an act or omission by a medical practitioner, which no reasonably competent and careful practitioner would have committed.

Those who suffer from a medical malpractice injury may be able to hold the medical care provider(s) responsible for that injury liable under the special rules that apply to this type of professional negligence.

Connect with an expert lawyer for your legal issue

Liability under the Consumer Protection Act

The Supreme Court decision in Indian Medical Association v VP Shantha brought the medical profession within the ambit of a 'service' as defined in the Consumer Protection Act, 1986. This transformed the relationship between patients and medical professionals as contractual. Patients who had sustained injuries in the course of treatment could now sue doctors in 'procedure-free' consumer protection courts for compensation.

The Consumer Protection Act will not come to the rescue of patients if the service is rendered free of charge, or if they have paid only a nominal registration fee. However, if patients' charges are waived because of their incapacity to pay, they are considered to be consumers and can sue under the Consumer Protection Act.

Liability under tort law

Where the Consumer Protection Act ends, the law of torts takes over and protects the interests of patients. This applies even if medical professionals provide free services.

The onus is on the patient to prove that the doctor was negligent and that the injury was a consequence of the doctor's negligence. Such cases of negligence may include transfusion of blood of incorrect blood groups, leaving a mop in the patient's abdomen after operating, unsuccessful sterilization resulting in the birth of a child, etc.

Consult: Top Medical Negligence Lawyers in India

Liability under criminal law

A doctor can be punished under Section 304A of the Indian Penal Code (IPC) for causing death by a rash or negligent act, say in a case where the death of a patient is caused during operation by a doctor not qualified to operate. The standard of negligence required to be proved against a doctor in cases of criminal negligence (especially that under Section 304A of the IPC) should be so high that it can be described as 'gross negligence or 'recklessness', not merely lack of necessary care. Criminal liability will not be attracted if the patient dies due to an error in judgment or accident.

A doctor can also be punished for causing hurt or grievous hurt under the IPC. However, Sections 87, 88, 89, and 92 of the IPC provide immunity from criminal prosecutions to doctors who act in good faith and for the patient's benefit.

Connect with an expert lawyer for your legal issue

How can a Lawyer help you in case of Medical Negligence?

A lawyer experienced in the field of law relating to medical negligence is essential to further your interests in the quest for justice. A lawyer can best advise you on the merits of your case and the best plan of action to adopt moving forward.

Amedical negligence lawyerwill not only help you gain a proper understanding of your rights and remedies available in law but also manage the documentation required in this regard to best put forward your case. A lawyer will prepare your matter, based on the facts and circumstances of your particular case and will also represent and argue on your behalf. He/She will be able to tell you if you should go for a civil remedy or file a criminal case, or both.

A lawyer can also guide you and defend you, in case you are a doctor and a case of medical negligence has been filed against you.Thus, the first step that you should take is to consult a lawyer and get legal advice so that you can be guided upon the path to justice.You can alsoAsk a FreeQuestionto get free advice on your legal issuefrom expert lawyers.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings

Greater Kailash - 1, Delhi

5 years

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