Medical Negligence in India: A Holistic Perspective Beware, Frivolous Complaints Attract Penalty

#MedicalNegligence #PatientCare #MedicalProfession #MyHealth #ConsumerProtection #PatientSafety #ConsumerProtectionAct

Introduction

Medico-Legal Expert: Mr Sunder Rajan, Advocate, High Court Mumbai

?

Adv. Sunder Rajan is an expert in medical law and has a deep understanding of the way the healthcare ecosystem functions globally and in India. His experience spans across corporate organizations and the legal domain. His sole objective is to increase awareness among Healthcare providers and Patients alike so that disputes reduce and we live in a better and caring society. ?

?

?

Interview:

How do you define medical negligence in the Indian context?

According to the World Health Organization (WHO), an estimated 2.6 million deaths occur annually worldwide due to medical errors and many of these deaths are preventable through improved healthcare practices.

A substantial proportion of these deaths occur in low and middle-income countries. Medication errors, Surgical complications, Diagnostic errors, Healthcare-associated infections, Patient falls, and Communication failures are the common causes.

In India, the concept of medical negligence has gained significant prominence, especially in light of the growing awareness among patients regarding their rights. From 1996, with the decision of the apex court in Indian Medical Association v. V.P. Shanta, Medical profession fell under the Consumer Protection Act.

Medical negligence occurs when a healthcare provider fails to exercise the standard of care that a reasonably competent and skilled professional would under similar circumstances, harming the patient. Just so you know, mistakes are not necessarily negligence.

?

Kindly throw some light on the Consumer Protection Act, 2019

As I said, the Consumer Protection Act existed before, but a landmark case of Indian Medical Association v. V.P. Shantha, [MB1]?brought healthcare services under this act. As per this judgment, a consumer pays for the services or is paid/offset by someone else.

Thus, the Consumer Protection Act has expanded the rights of patients in India, allowing them to seek legal recourse against healthcare professionals for negligence. This law categorizes healthcare services as consumer services, empowering patients to file complaints against hospitals and practitioners in consumer courts, just as they would for goods or services of a different nature. The inclusion of healthcare within the realm of consumer rights represents significant progress towards patient empowerment.

?

If the patient wishes to file a case against a doctor, please share the detailed steps to File a Case of Medical Negligence.

1. Gather Evidence: The first step in filing a case is to collect all relevant documentation, including medical records, invoices, discharge summaries, test results, and any other related communications. Patient testimonials can also be crucial.

2. Consult a Legal Expert: It is advisable to seek professional legal guidance from a lawyer specializing in medical negligence. They can provide critical insights into the merits of the case, the process ahead, and any potential challenges.

3. Filing a Complaint: Depending on the nature of negligence, a patient can file a complaint with different authorities:

·?????? State Medical Council: For issues concerning a specific doctor’s license or behavior, complaints can be submitted directly to the relevant state medical council.

·?????? Consumer Court: For seeking compensation for damages due to negligence, a patient can approach a consumer court where the process is typically faster, and the legal procedures are more informal compared to civil court.

·?????? Civil Court: For more severe cases or when substantial compensation is sought, filing a case in a civil court may be necessary.

4. Proceedings and Investigation: Once a complaint is filed, an investigation will be conducted. It may involve expert opinions to ascertain whether the standard of care was met. The legal process can be lengthy, often extending over several months or years, which may discourage some patients from pursuing their claims.

5. Judgment and Compensation: If the consumer court or civil court decides in favor of the patient, they may award compensation for damages, which can cover medical expenses, loss of income, and pain and suffering.

?

?

How should Doctors/Hospitals protect themselves from Frivolous Complaints? How to deter the erring parties?

It is of utmost essential to provide a just environment for doctors and patients alike. The rise of frivolous lawsuits poses a serious threat to both the medical community and the broader patient population.

While it is vital for patients to seek justice for genuine grievances, the misuse of legal provisions to file baseless claims can have detrimental effects on healthcare providers.

Frivolous cases, often characterized by a lack of substantial evidence or exaggerated claims, can not only damage the reputation of doctors but may also lead to unnecessary legal battles. A doctor's career, built over years of hard work and commitment, can suffer immense ramifications due to an unfounded allegation. These legal tussles often result in emotional distress, financial strain, and even a possible exodus of medical professionals from the field.

The courts regard the medical profession highly and have given a lot of protection to them. For eg. Police cannot arrest a Doctor just based on a complaint. In another landmark judgment of 2005 called the Jacob Mathew case, the court said that a doctor cannot be arrested routinely just because a complaint has been filed against him for negligence. Every Doctor MUST carry a copy of this judgment at all times and produce it to the police when required.[MB2]?

Maintain detailed medical records of all patients, including history, existing conditions, diagnosis, tests advised, treatment, and follow-ups. If the patient has not followed your instructions, then clearly mention it in the medical records. Clean documentation is your best friend.

?

In conclusion:

For Doctors: Always remember the law is on your side if you have followed the established medical process and procedures. Do not fear the law. You have ample protection.

For patients, the doors of justice is easier, inexpensive, and quicker to approach under the Consumer Protection Act. Just make sure that you keep your facts and evidence clear. In some cases, we are seeing that the courts take a serious view of medical negligence.