TOPIC: MEDICAL NEGLIGENCE AND MALPRACTICES
Introduction:
Medical negligence and malpractice are sensitive and critical issues that touch the lives of patients and healthcare professionals alike. In the pursuit of quality healthcare, understanding the legal dimensions of these concerns is paramount.
What is medical negligence and malpractice?
Medical negligence, often referred to as medical malpractices, occurs when a healthcare provider fails to meet the standard of care expected in the medical field, resulting in harm or death to the patient. Negligence can manifest in various forms, including misdiagnosis, surgical errors, medication errors, and failure to obtain informed consent from the patient or their family members.
Causes of medical negligence:
Follow are the causes of medical negligence and malpractice in India-
- Lack of Skill or Competence: Healthcare providers may lack the necessary knowledge and skills to perform their duties effectively, leading to errors.
- Miscommunication: Poor communication among healthcare professionals can result in misdiagnosis or medication errors.
- Fatigue and Overwork: Overworked medical staff may become fatigued, leading to lapses in judgment and decision-making.
- Inadequate Resources: Limited access to equipment, personnel, or facilities can hinder the delivery of proper medical care.
Consequences of its malpractice and negligence:
Following are the consequences of medical negligence and malpractice in India-
- Physical and Emotional Trauma: Patients may experience physical pain, suffering, and emotional distress.
- Prolonged Recovery: Negligence can lead to extended recovery periods and additional medical expenses.
- Disabilities: Some cases of medical negligence result in permanent disabilities or loss of life.
More than 138 million patients are harmed per annum by doctor’s medical negligence, the World Health Organization (WHO) warned, before celebrating the first World Patient Safety Day, with which it seeks to raise awareness of this ongoing tragedy of deaths due to medical negligence and malpractices.
Legal aspects of medical negligence and malpractices:
Following are the legal aspects of medical negligence and malpractices-
- Duty of Care: Healthcare providers have a legal obligation to provide a reasonable standard of care to their patients.
- Standard of Care: It is determined by what a competent medical professional in the same field would do under similar circumstances. Deviating from this standard can be considered negligence.
- Causation: To establish a medical malpractice case, it must be proven that the negligence of the healthcare provider directly caused harm or injury to the patient.
- Informed Consent: Patients have the right to be informed about the risks, benefits, and potential alternatives to medical procedures or treatments.
- Statute of Limitations: There is a limited timeframe within which a medical malpractice lawsuit can be filed.
- Expert Testimony: In many medical malpractice cases, expert medical witnesses are called upon to provide testimony.
- Legal Remedies: When medical negligence is established, legal remedies may be pursued.
- Negligence Defence: Healthcare providers and institutions have the right to defend themselves against allegations of negligence. They may present evidence to dispute the claims made by the patient, and their own expert witnesses may be involved.
- Settlements and Trials: Medical malpractice cases can be resolved through settlements or go to trial.
- Professional Liability Insurance: Many healthcare providers carry professional liability insurance (malpractice insurance) to help cover the costs of legal defence and potential compensation in the event of a malpractice lawsuit.
Conclusion:
Therefore, understanding the legal aspects of medical negligence is essential in promoting accountability, safeguarding patient rights, and ensuring the delivery of high-quality healthcare. The duty of care, standard of care, causation, informed consent, and the legal remedies available all play vital roles in addressing cases of medical malpractice. While medical professionals strive to provide optimal care, the legal framework serves as a safeguard to seek justice and compensation when negligence occurs, ultimately maintaining the trust and integrity of the healthcare system.
Author: ASHI SANGWAN, GGSIPU (FIMT), New Delhi
