Medical Malpractice
The Growing Crisis of Medical Malpractice under Indian Jurisprudence
Problem:
Medical negligence is becoming a rapid growing issue in India, where medical practitioners who promise to save lives often end up causing grievous harm to the patient due to sheer negligence. Whether diagnosed or misdiagnosed, surgical errors, or wrongful treatments may cause life-altering injuries that leads to death.
An extremely complex legal framework, lack of awareness and also the long tiresome process in the country for the victims to pursue the case to seek justice makes the issue much worse. The more common cases occurring these days notwithstanding, there still seems a gap in the public’s understanding as to the definitions and remedies under the law of medical malpractice, how claims could be pursued under the Indian legal administration.
It is important for a general understanding as to how this crop of negligent acts will land up as personal injury claims under the Indian jurisprudence and as to how legal mechanisms provide option to healthcare providers.
In this blog, we will talk about medical malpractice in Indian law and how this kind of negligence gives rise to personal injury claims through actual case studies and breaking down the legal steps involved.
Impact of Medical Negligence on Victims
Legal Framework and Challenges
Medical malpractice is not merely a case of something gone wrong with healthcare-it’s about accountability. Generally, the aftermath of medical negligence in India turns out to be disastrous. Patients entrust medical professionals with their lives, but many cases reveal instances where this trust was broken. However, the law of the land can sometimes be confusing for victims.
The Consumer Protection Act of 1986 classifies medical malpractice under the head “deficiency in service.” To their credit, the victim can approach the consumer courts. But then again, it’s a long-drawn process, and can be emotionally draining, too, for those who are already suffering at the hands of medical faults.
The focus keyword, medical malpractice in Indian law, brings under its fold various forms of negligence, ranging from errors occurring in the process of surgery to incorrect prescriptions, delayed treatment, or misdiagnosis. A great deal of damage can be done through these. But proving such claims is no easy task. Generally, hospitals and doctors have teams of lawyers who are experts at deflecting the issue. Thus, the patients, as well as their families, feel absolutely helpless.
Actual Case Studies:
Judicial Precedents of Medical Malpractice
Let’s see a few significant cases where medical malpractice in the context of Indian law resulted in a personal injury claim.
Case 1: Anuradha Saha vs AMRI Hospital & Others, (2013)
One of the most landmark cases in Indian medical jurisprudence is the Anuradha Saha case, where the victim secured the highest ever compensation for medical negligence in India. Anuradha Saha was a child psychologist based out of the US who died due to wrongful treatment in Kolkata’s AMRI Hospital in the year 1998.
Her husband, Dr. Kunal Saha, fought a 15-year legal battle. The court held doctors and the hospital liable for gross negligence and awarded a historic compensation of ₹11 crore (approx. $1.7 million) in 2013.
Key Points:
•Issue: Misdiagnosis and wrong treatment led to the death of the patient
Legal Outcome:Â The Supreme Court held doctors and the hospital liable under the Consumer Protection Act and Indian Penal Code.
•Importance: The case had brought to light the expectations of accountability in medical professions and was important in legal terms for the trends that might follow in medical negligence cases in Indian jurisprudence.
Case 2: Dr. Ravindra Ramchandra Wani vs Jagdish Krishna Malpani, (2016)
The lady was suffering from something else, which she was getting treated for as tuberculosis. Here again, it has been proved that the doctors were remiss in reading the reports that summarized their diagnoses wrong, and further treatments had posed a serious health risk to her.
The Supreme Court awarded the victim the compensation of ₹20 lakhs due to medical negligence. This case restated the principle that a patient could file damages in the court of law if she or he had been a victim of medical malpractice in India.
Important Points
• Issue: There was misdiagnosis followed by unnecessary treatments where she suffered personal injury.
• Legal Outcome: Doctors were proved liable and she received compensation.
• Significance: The case underlines the necessity for appropriate diagnosis and legal penalty for not doing so.
Solution: Legal Settlement of Medical Malpractice Contributory Injury in India
What is Medical Malpractice?
In Indian law, medical malpractice is considered a breach by a doctor that resulted in harm to the patient. For a case to be termed as negligence, the following conditions need to be met:
1. Duty of care: The doctor has a duty towards the patient.
2. Breach of duty: There must be failure to meet up to the standard of care required.
3. Causation: The act or omission must directly cause harm to the patient.
4. Damage: Actual harm or injury must have been suffered by the patient.
Legal Remedies Available
India offers a variety of legal avenues that victims of medical malpractice in Indian law may enforce their rights. These include
1. Consumer Protection Act (CPA), 1986: The CPA has dealt with medical negligence as a deficiency in service. The victims can file complaints in consumer courts to get compensation.
2. Civil Suits: There is also an avenue for patients in filing civil suits for damages in regular courts.
3. Criminal Law: A case can be filed under Section 304A of the IPC for causing death by negligence if the acts of negligence have resulted in death or grievous injury.
4. Professional Bodies: Victims can file cases for disciplinary proceedings before medical councils like the MCI against those doctors, who have been proven to be negligent.
Filing a Claim:
Steps to Be Followed
Filing a medical malpractice case in India can be as lengthy as it is complicated. So here’s how it is done step-by-step:
1. Collect Evidence: Medical reports, prescriptions and all other evidence that prove the negligent treatment
2. Get a Legal Opinion: Hire an attorney that specializes in cases of medical malpractice under Indian law.
3. Approach Consumer Court: File a complaint under the Consumer Protection Act if the negligence is held to be a deficiency in the service.
4. Obtaining a Medical Opinion: Obtain an independent medical opinion to strengthen your case.
5. Suing Civil or Criminal Suit: If a cause of action is present, file for compensation and a wrongful action in civil or criminal court.
Current Scenario and Emerging Legal Landscape
Medical malpractice awareness has increased in India over the last few years, despite the continuation of problems. The legal structure is shifting to facilitate greater access to consumer courts and greater media coverages of malpractice cases.
However, the challenge remains that victims find it difficult to prove negligence and the compensation awards remain woefully low against the awards made in the United States.
The National Consumer Disputes Redressal Commission has presented thousands of case filings on medical malpractices in Indian law every year, although many cases run for years due to court delays.
Most victims of medical malpractices in Indian law will therefore experience swifter resolutions and better compensations as awareness about rights increases and medical houses face more scrutiny.
Conclusion: The Future Course for the Injured Victims of Medical Negligence
Solution Review: Remedies available to the victims of medical negligence under Indian law include the Consumer Protection Act, civil and criminal courts, and medical professional councils. In such a contest, the winning strategy will always be the creation of all the ingredients of negligence, which can thus be used to demonstrate negligence.
Even though the Indian legal system is experiencing a change, it still presents some of its earlier problems: delayed judgments, and sometimes, it becomes difficult to receive compensation. A key case in this regard has been Anuradha Saha vs AMRI Hospital & Others, setting a precedent of first kind for the victims.
Appeal: If you or a loved one becomes a victim of medical negligence, there is an urgent need to take action. Know your rights, gather the evidence, and consult a legal expert. Medical malpractice claims might be difficult, but they are a necessity to hold healthcare providers accountable for such negligence and prevent similar practices in future.
Disclaimer: The information in this article is intended for educational purposes only and does not constitute legal advice. For specific legal concerns related to medical malpractice, readers are advised to consult a qualified legal professional.