Author: Yeddu Meghana, Student at Osmania University
No human being is perfect, and in today’s world, even the most prominent professional may fail to discover the true nature of a medical condition. If a doctor makes an incorrect diagnosis, it may be due to carelessness or negligence. Medical negligence is a key issue in the healthcare system, raising serious questions about the level of care provided by medical practitioners. In India, the intersection of medical negligence and legal accountability and duty has changed throughout time, particularly since the enactment of the “Consumer Protection Act,2019”. This law has greatly expanded the scope of consumer remedies, including patient lawsuits seeking relief for concerns connected to medical negligence.
In this composition, the idea of medical negligence, the onus of proof in similar instances, and the Consumer Protection Act of 2019 have transformed the way medical negligence cases are handled. Medical negligence occurs when a healthcare expert or provider fails to fulfill the level of care that should be expected in their field, resulting in harm or injury to a patient. It could include errors in diagnosis, therapy, surgery, follow-up, or drug prescription.
The main factors of negligence as recognized are three – ‘duty’, breach , The term resulting damage’ refers to following:
1. The defendant has a duty towards the plaintiff ;
2. The defendant when did not adhere to follow legal standard care, which results in a breach of duty; and
3. The plaintiff suffered damage as a result of the breach, as recognized by the law.
A doctor is not negligent if he acted in accordance with a practice recognized as proper by a reputable group of medical professionals who practice that particular trade. The practitioner must approach his assignment with due care and use reasonable skills required and expertise.
In any legal issue, the plaintiff is responsible for establishing their case. However, proving medical negligence is typically difficult since it takes expert evidence to demonstrate that the healthcare provider’s actions strayed from the established standard of care. In medical negligence lawsuits, the burden of proof might be particularly difficult for the plaintiff, because the medical professional often possesses higher expert in the field. Historically, the courts needed the complainant to demonstrate that the medical professional’s acts were not only negligent, but also caused direct harm to the patients.
One of the Act’s most important elements is its acknowledgment of medical services as a type of “consumer service”. Under the CPA, medical professionals, including doctors, hospitals, and healthcare providers, are considered service providers, while patients are recognized as consumers who can seek redress.
The inclusion of medical services under the CPA has empowered patients in several ways:
Easier Access to Consumer Forums
The Act allows patients to approach consumer courts (District, State, and National Consumer Disputes Redressal Commissions) for grievances related to medical negligence, which were traditionally dealt with under civil courts. This offers a quicker and less formal route to seek redressal.
Simplified Process
The CPA has streamlined the complaint process, making it more consumer-friendly. It enables the consumer to file a case with minimal formalities, and the procedure is designed to be less time-consuming compared to regular civil suits.
Compensation
If negligence is established, the consumer forum has the authority to award compensation for the damages caused by medical malpractice. This includes compensation for pain and suffering, medical expenses, and loss of income due to the injury. 4.Consumer Protection in Private and Public Sectors**: The CPA ensures that consumers receive protection not only in private healthcare settings but also in government hospitals and clinics, which were often more difficult to challenge under earlier laws.. The term – medical negligence has not been defined or referred to in any of the Indian enacted laws, in CPA,2019 it is defined under the service.
The inclusion of medical services under the CPA has given patients easier access to consumer forums, allowing them to approach consumer courts with grievances. The phrase “medical negligence” is not defined or referred to in any of the Indian laws; nevertheless, it is defined under the service in the CPA of 2019. In Indian Medical Association v. V.P.Shantha, the Supreme Court ruled that the medical profession, like all other related professions, is covered by the Consumer Protection Act. It also reminded medical practitioners of their duty to care for their patients and brought the medical profession under the scope of service under the CPA.
To prove negligence in medical matters, expert testimony from trained medical specialists is required. Certain dangers in medicine are inherent in treatments or procedures. Proving that negligence occurred rather than an unavoidable but acknowledged complication can be challenging. Medical errors can have a harmful influence on the general populace .The medical profession is recognized as one of the noblest professions, with some equating doctors with God.
Conclusion
The patient believes and completely trusts the doctor to cure them . Patients typically trust medical professionals to treat them with their knowledge and expertise, expecting complete success. However, even doctors are human, and mishaps do occur, whether intentional or unintentional, and they are held liable accordingly after considering the facts and circumstances of the case . In India, in medical negligence lawsuits, the complainant must demonstrate that the medical professional’s acts were not only negligent, but also directly caused harm to the patient .Here onus of evidence lies on the patient or their legal representative who has filed the case on their behalf.
FAQS
How do I prove medical negligence?
One can report the incident within 2 years from the date of occurrence. And can file the complaint at MCI (Medical Council of India), a local police station, or the consumer court.
Can I sue a doctor or hospital for medical negligence?
In cases of medical negligence, you can sue a doctor and the hospital as well. Some people believe that signing consent at the time of paperwork exempts the hospital from any negligence claims, but that is incorrect. You can sue the doctor and nursing home/ hospital under the Law of Contracts, Criminal Law, Constitutional Law, Law of Torts, and Consumer Protection Law.
