Medical negligence refers to a situation where a healthcare professional, such as a doctor, nurse, or hospital, fails to provide the standard of care expected, resulting in harm or injury to the patient. In simpler terms, it is when a medical professional makes a mistake or fails to act as they should, and this causes harm to the patient.

In India, the law recognizes medical negligence under both civil and criminal liability:

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  1. Civil Liability: This usually involves compensation to the patient or their family for the harm caused. Patients can file a complaint under the Consumer Protection Act, 2019, as healthcare services are considered services under this law. If negligence is proven, the patient can be awarded compensation for damages like medical expenses, pain, and suffering. Under civil liability, compensation is the maximum relief provided to the patient concerned.
  2. Criminal Liability: In more severe cases where negligence leads to death or grievous injury, medical professionals can face criminal charges under the Bharatiya Nyaya Sanhita 2023.

Courts in India also use a rule called the Bolam's Test. This means that if a doctor followed a method that other skilled doctors think is correct, then the doctor is not considered negligent.

Patient Rights and Responsibilities of a Medical Professional:

  1. Right to Safe Treatment and Provision of Standard Care:

    Patients have the right to receive treatment that meets a certain standard of care. This means doctors and hospitals should use proper procedures and skills to treat patients safely.

    In similar manner, Doctors are expected to provide care that meets accepted medical standards.

  2. Right to Information and Informed Consent:

    Patients have the right to be informed about their medical condition, the treatment options available, and any risks involved. This helps patients make informed decisions about their care.

    Before performing any major treatment or procedure, doctors must explain the details, risks, and alternatives to the patient and get their consent. If a patient is not informed properly and something goes wrong, it can be considered negligence.

  3. Right to confidentiality (Protection of information and records):

    A patient’s medical information must be kept private. Sharing a patient’s medical details without their permission is against the law and ethical guidelines.

  4. Duty to continue treatment:

    Once a doctor starts treating a patient, they should continue to provide care until the treatment is completed or the patient is safely transferred to another doctor. Abandoning a patient during treatment can be considered negligence.

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Filing a Medical Negligence Complaint

1. Identify Appropriate Forum:

  • Consumer Court (Consumer Protection Act, 2019): If you want compensation for the harm caused by medical negligence, you can file a complaint in a consumer court. Healthcare services are considered as “services” under this Act. Complaints can be filed according to the claim amount.
  • Civil Court: For cases involving compensation claims that don’t fall under the consumer law, one can file a suit in a civil court. Civil courts handle more complex and higher compensation claims, such as those involving significant financial damages, long-term suffering, or when the negligence isn't directly related to a service under consumer law. The Civil Procedure Code, 1908, governs these cases.
  • Criminal Court: If the negligence is severe and has led to serious injury or death, you can file a criminal complaint under sections Section 106 of Bharatiya Nyaya Sanhita.

2. Gather Evidence:

  • Medical Records: Collect all medical records, prescriptions, test reports and bills. These documents are essential to prove that there was negligence.
  • Expert Opinion: In medical negligence, expert opinions from other doctors are often required to prove that the treatment provided was below standard.

3. Filing the Complaint:

For Consumer Court:

  • Jurisdiction: File the complaint in the district, state or national consumer court, depending on the value of the claim:
    1. District Forum: For claims up to ₹ 1 crore.
    2. State Commission: For claims between ₹1 crore and ₹10 crores.
    3. National Commission: For claims above ₹10 crores.

For Civil Court:

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  • Suit for Damages: You can file a suit for damages in a civil court, explaining the negligence and the harm caused. Civil courts handle larger and more complex compensation claims.
  • Burden of Proof: The patient (plaintiff) must prove that the doctor or hospital (defendant) failed to provide the standard of care, leading to harm. Civil suits often require detailed evidence and expert opinions.

For Criminal Court:

  • File an FIR: Go to the police station and file a First Information Report (FIR) under relevant sections of the Bharatiya Nyaya Sanhita such as Section 106.
  • Court Proceedings: The criminal court will conduct a trial, and if negligence is proven, the doctor or hospital may face penalties like imprisonment or fines.

Legal Processes:

  • Notice to the Opposite Party: After filing the complaint, the court will send a notice to the doctor or hospital to respond to the allegations.
  • Hearings: Attend the court hearings where both parties present their arguments. You may need to bring medical experts to support your case.
  • Decision: The court will give a judgment. In consumer or civil cases, it could be compensation. In criminal cases, it could be punishment for the negligent party.

Appeal (if needed):

  • If you are not satisfied with the decision, you can appeal to a higher court. For example, you can appeal from the District Forum to the State Commission or from the State Commission to the National Commission under the Consumer Protection Act, 2019

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Laws Related to Regulation of Medical Practitioners:

  1. Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002

    • Ethical Guidelines: These regulations, issued by the National Medical Commission (NMC), set out the ethical duties of doctors. If a doctor violates these guidelines, they can face disciplinary action from the NMC, which may include suspension or cancellation of their medical license.
    • Accountability: While these regulations don't directly provide for compensation, they ensure that doctors maintain professional standards. Patients can file complaints with the NMC if they believe their doctor has violated these ethical guidelines.
    • Link to the regulation: Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002

  2. The Clinical Establishments (Registration and Regulation) Act, 2010

  • Regulation of Healthcare Services: This Act requires all clinical establishments (like hospitals and clinics) to be registered and adhere to minimum standards of care. If a hospital or clinic is found to be non-compliant with these standards, it can face penalties.
  • Patient Safety: The Act aims to improve the quality of healthcare services by ensuring that establishments follow proper procedures, maintain equipment, and provide qualified staff.
  • Link to the Act: The Clinical Establishments (Registration and Regulation) Act, 2010

Role of Medical Councils and Related Associations:

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1. National Medical Commission (NMC):

  • The National Medical Commission (NMC) was established in 2020 replacing the previous Medical Council of India (MCI). It is a statutory body responsible for establishing and maintaining standards of medical education and practice in India.
  • The NMC oversees medical colleges, ensures that they follow prescribed standards, and grants recognition to medical qualifications. It plays a vital role in shaping the future of healthcare by ensuring that doctors receive quality education.
  • Doctors in India must be registered with the NMC or respective state medical councils to practice legally. The NMC maintains a national register of licensed medical practitioners, ensuring that only qualified individuals provide medical services.
  • The NMC, following in the footsteps of the MCI, sets ethical guidelines for medical practitioners. If a doctor violates these guidelines or is involved in unethical practices, the NMC can take disciplinary actions, including suspension or cancellation of their license. For example, if a doctor is found guilty of medical negligence, the NMC can investigate and impose penalties, such as temporary suspension from practice.

2. State Medical Councils:

  • Each state in India has its own medical council that operates under the guidelines set by the NMC. State medical councils are responsible for registering doctors, ensuring they adhere to ethical standards, and handling complaints related to medical negligence or misconduct within their jurisdiction.
  • State medical councils have the authority to take disciplinary actions against doctors who violate professional ethics or are involved in malpractice. For instance, if a patient files a complaint against a doctor for unethical behaviour in Maharashtra, the Maharashtra Medical Council can investigate the case and take appropriate action, such as revoking the doctor's license or issuing a warning.

3. Indian Medical Association (IMA):

  • The Indian Medical Association (IMA) is a voluntary, professional association of doctors in India. While it does not have statutory powers like the NMC, it plays a significant role in advocating for doctors' rights, improving healthcare policies, and promoting medical ethics.
  • The IMA represents the interests of doctors in India and advocates for their rights with the government and other stakeholders. For example, the IMA has been involved in pushing for better working conditions for doctors and has taken stands on important issues like violence against healthcare workers.
  • The IMA organizes educational programs, seminars, and workshops to help doctors stay updated with the latest medical advancements. This ensures that doctors maintain their skills and provide the best possible care to patients. This practice is known as Continuing Medical Association (CME).
  • Although the IMA cannot take legal action, it provides ethical guidance to its members and promotes adherence to professional standards. The IMA encourages doctors to follow best practices and maintain patient safety.

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4. Other Medical Associations

  • Specialty-Specific Associations: Various medical specialties in India have their own associations that focus on the specific needs of those fields. For example:

    1. Association of Surgeons of India (ASI): This association focuses on the surgical community, offering training, resources, and ethical guidelines tailored to surgeons.

    Associations of Surgeons of India (ASI)

    1. Indian Psychiatric Society (IPS): The IPS focuses on mental health professionals, ensuring they have access to the latest research, ethical guidelines, and advocacy for mental health issues in India. Indian Psychiatric Society (IPS).

Compensations:

  1. Factors Affecting Compensation:
    • Severity of the Injury: The more severe the injury, the higher the compensation. For example, if negligence leads to permanent disability or death, the compensation will be significantly higher.
    • Extent of Negligence: Compensation may vary depending on whether the negligence was a simple mistake or a gross violation of medical standards.
    • Impact on Life: The court will consider how the negligence has affected the patient’s quality of life, including their ability to work, engage in activities, and maintain relationships.
    • Evidence: Strong evidence, including medical records, expert testimony, and documentation of expenses, can influence the amount of compensation awarded.

Notable Cases of Medical Negligence in India:

  • Kunal Saha Case (2013)
    1. One of the most famous cases of medical negligence in India, where the Supreme Court awarded over ₹6 crore in compensation to Dr. Kunal Saha for the death of his wife due to wrongful treatment by doctors.
    2. Dr. Saha claimed that the doctors treating his wife were grossly negligent in diagnosing and treating the condition. He accused them of prescribing incorrect medications, delaying appropriate treatment, and not following standard medical procedures.
    3. After several years of legal battles, Supreme Court awarded Dr. Kunal Saha a record compensation of ₹6.08 crore, which, with interest, totalled over ₹11 crore. This was the highest compensation awarded in a medical negligence case in India at that time.
    4. To know more about the case, click here: Kunal Saha Vs. AMRI

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Frequently Asked Questions (FAQs):

1. How can I prove medical negligence?

To prove medical negligence, you need to show that:

  1. The doctor or hospital had a duty to take care of you.
  2. They did not follow proper medical procedures (breached that duty).
  3. This mistake caused you harm or injury.

2. What compensation can I get in a medical negligence case?

Compensation can include:

  1. Medical expenses for treatment and recovery.
  2. Loss of income if you can’t work due to the injury.
  3. Compensation for pain and suffering.
  4. In severe cases, compensation for long term care or loss of life.

3. How long do I have to file a complaint for medical negligence?

The time limit, or limitation period, to file a complaint varies: Consumer Court: Typically, within 2 years from the date of incident.

Civil Court: Generally, within 3 years. Criminal Court: No strict time limit, but it is best to file as soon as possible after the incident.

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REFERENCES:

  1. Medical Negligence Laws in India
  2. Remedies in Medical Negligence
  3. Notable case studies on Medical Negligence
Shubhankar Krishnan's profile

Written by Shubhankar Krishnan

LinkedIn

A Delhi University graduate and a 1st Year Law Student, Gaining experiences in Areas under General Corporate, litigation and Intellectual Property Rights.

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