Author: Mohan Kumar K P, Sathyabama Institute of Science and Technology
Headline
Recognizing healthcare as a basic right for women and children emphasizes the importance of equitable access to essential services without discrimination. This encompasses prenatal care, maternal health services, reproductive healthcare, paediatric care, vaccinations, preventive screenings, and treatments for common illnesses and chronic conditions. Childbirth is a profoundly significant event in a woman’s life, carrying both emotional and physical weight. However, despite the advancements in medical technology and expertise, instances of childbirth malpractice still occur, posing significant risks to both the mother and the newborn.
To the Point
The court emphasized that hospitals are expected to deliver quality medical care, and they must be held accountable if there is a failure to meet this standard. Even if there is no formal master-servant relationship between the hospital and the surgeon, the hospital remains liable for any proven negligence during procedures or treatments. It is not a valid defence for the hospital to argue that the surgeon is not directly employed by them. The judgment explains that hospitals have a responsibility to ensure proper medical care for patients, and they cannot absolve themselves of liability by shifting blame solely onto individual practitioners.
Use of Legal Jargon
Section 90 of the Indian Penal Code (IPC) addresses the concept of “consent” in legal terms, emphasizing the significance of informed consent in various situations, including medical procedures. In the context of medical malpractice relating to women and children, the principle of informed consent holds particular relevance and importance. Article 5 of the Covenant emphasizes the recognition of the right to the highest attainable standard of physical and mental health for everyone. This includes specific provisions aimed at safeguarding the health and well-being of women and children. Article 12 of Convention on the Elimination of All Forms of Discrimination against Women states that States are responsible for preventing, treating, and controlling diseases, including those affecting women and children.
The Proof
When medical professionals fail to handle childbirth appropriately, the consequences can be dire. Mishandling of a difficult birth, for instance, may lead to birth injuries such as brachial plexus injuries, fractures, or even cerebral palsy in extreme cases. The failure to timely recognize and respond to fetal distress can result in oxygen deprivation, leading to brain damage or stillbirth. Complications with induced labor present another area of concern. If induction procedures are not carefully managed, they can lead to uterine hyperstimulation, which may cause fetal distress, uterine rupture, or hemorrhage, endangering both the mother and the baby. Misdiagnosis of newborn medical conditions is yet another form of malpractice that can have devastating consequences.
Abstract
Strong restrictions should be imposed to restrict the discrimination over certain gender or communities. Raising awareness among women, children, and their families about their rights to quality healthcare and how to advocate for themselves is essential. Empowering communities to demand accountability and report instances of medical negligence can drive positive change. The author emphasizes that ensuring universal access to affordable and quality healthcare services, including maternal and child health services, is fundamental. This involves addressing barriers such as geographic distance, financial constraints, and social disparities that prevent women and children from accessing timely and appropriate care.
Case Laws
Smt. Rekha Gupta v. Bombay Hospital Trust & Anr.,
The case was pertained to the negligence of a consulting doctor, the Commission noted that the hospital, as the employer of all staff members, regardless of the specific rules in place, must take responsibility for the actions of its employees. It cannot evade liability by simply stating that it only provides infrastructure, nursing services, support staff, and technicians, and does not directly perform or recommend operations or amputations on its own initiative.
Aparna Dutta v. Apollo Hospitals Enterprises Ltd.
The Madras High Court ruled that while doctors and surgeons may be employed by hospitals under certain terms, it is ultimately the hospital that provides medical services to patients. Therefore, the hospital cannot evade liability for negligence or deficient services by claiming that it has no direct employment relationship with the treating surgeon.
A.S. Mittal v. State of UP
In this case, significant harm befell several patients who underwent surgery at an eye camp organized by the Uttar Pradesh government. Tragically, some patients lost all remaining vision, leaving them permanently blind. The Supreme Court, expressing strong disapproval of the negligent actions of the doctors involved, emphasized that while surgical procedures inherently carry risks, mistakes that surpass the standard of reasonable skill and care constitute negligence. Consequently, compensation was rightfully awarded to the affected individuals.
Conclusion
In conclusion, addressing medical negligence concerning women and children is crucial for the development of India’s healthcare system and the well-being of its population. This includes building and upgrading medical facilities, ensuring the availability of essential medical equipment, and recruiting skilled healthcare professionals. Providing comprehensive training and education for healthcare professionals, particularly in obstetrics, gynecology, pediatrics, and neonatal care, is essential. This ensures that medical practitioners are equipped with the necessary skills and knowledge to provide quality care and mitigate the risk of negligence.
FAQs
Q1. What are the impacts of child birth malpractice?
The impact of childbirth malpractice extends beyond physical harm; it can also have profound emotional and psychological effects on the affected families. Parents may experience feelings of guilt, anger, and helplessness, compounded by the financial and logistical burdens of caring for an injured child or dealing with the loss of a newborn.
Q2. What is Informed Consent in the medical practices?
Informed consent in the medical setting refers to the process through which healthcare providers communicate relevant information to patients or their legal guardians regarding the nature, risks, benefits, and alternatives of a proposed medical intervention or treatment.
Q3. How are the states obligated to provide Health Care as a Basic Right?
States are responsible for preventing, treating, and controlling diseases, including those affecting women and children. Negligence in this regard could involve failures in disease prevention programs, mismanagement of infectious disease outbreaks, or inadequate treatment for endemic diseases prevalent among women and children.
