It is an undeniable fact that medical profession is a noble profession as it deals with human life which is given the highest importance among anything present on earth. It is the utmost responsibility of the medical practitioner to ensure their patients safety while treating them. However it should also be noted that To Err Is Human it is natural for human beings to make mistakes and doctors are no exception to it.
Not every time but in some crucial circumstances there is a possibility of making mistake. It is important for doctors to perform their duty with expertise skill and caution when there is failure in performing the duty it amounts to medical negligence. It is not good for them to handle their patients without proper technical training and specialization.
In the recent times the cases on medical negligence is being increased, whatever may be the reason but the ultimate sufferers are the innocent public who consult doctors with a firm belief of finding a cure to their health problems and it was found important to establish laws on medical negligence to provide with a relief to claim damages occurred to the patient and also punishments for the professionals negligent behaviour.
The most common example of medical negligence is misdiagnosis or delayed diagnosis or failure to diagnose. Perhaps due to a loss of focus, incompetence, or unavailability of the right tools, some medical practitioners diagnose their patients wrongly, thereby hindering them from getting the right treatment they need for their condition. Failing to diagnose a patient correctly can prolong an ailment, cost the patient more money, and even cause a permanent injury to the person.
Prescribing incorrect medication is one of the common cases of medical negligence reported. This may happen when a doctor write an incorrect dosage for a patient or prescribing of wrong drug for the patient's illness or receives the medication of another patient.
Anesthesiologists Not only do they provide pain relief for the patients, they also have control over the patient's life functions, including breathing, body temperature, blood pressure, and heart rate. Anesthesiologists are responsible for the safe delivery of anesthesia to the patients. They are responsible for pre-operative evaluation, consulting with the surgical staff and post-operative management of the patients. Anesthesia mistakes happen with major operations as well as with common elective procedures. An anesthesia error can cause severe permanent brain damage or death to a patient. Anesthesia errors happen every day in hospitals, doctor's offices, and surgical centres. Anesthetists and Anesthesiologists play a vital role in surgeries.
It is established in each district of the state. There are three members, a district judge is the president of the forum and with other two members. The District forum can entertain claim up to 20 Lakhs. Appeal can be made to the State commission against the order of district forum.
It is established in each state. There are three members, a High Court judge is the president of the forum and with other two members. The State commission can entertain claim from 20 Lakhs to 100 lakhs. Appeal can be made to the National commission against the order of State Commission.
It is established in Delhi. There are five members, a Supreme Court judge is the president of the forum and with other four members. The National Commission can entertain claim more than 100 Lakhs. Appeal can be made to the Supreme Court against the order of National Commission.
Under Criminal law when it is proved that the negligent act is performed with Mens Rea (guilty mind) he shall be punished under the criminal law now because of Code of Criminal Procedure (C.C.P.) amendment - 1973, patient may get compensation too. The intention to behave in such negligent way shall be proved to make a doctor liable under criminal law. There are also protection given under the Indian penal code for the doctor who act under good faith.
Any person incurred damages due to the act any doctor's negligence can file a complaint with the respective council. However the council has the power to punish the doctor and cancel their registration for their negligent behaviour but does not have the power to provide compensation for the victim of such misconduct. Since last few years the Indian Medical Council has started taking harsh steps for improvement in standard of medical practice and medical ethics.
Before the introduction of the consumer protection act the claims on medical negligence is claimed under the Contract law even in the present damages can be claimed under civil law but after the introduction of the consumer protection act the civil law remedy is given less importance. There is a specific contact between the doctor and the patient either be oral, written or implied terms agreed upon by the patient or his representatives and the doctor or hospital.