MEDICAL NEGLIGENCE AND DOCTORS IN INDIA
-By: Mr. Sudhir Mishra, Advocate, Trust Legal
The
landmark
Judgment
of
Supreme
Court
holding
3
physicians
responsible
for
death
of
woman
15
years
ago
and
compensation
of
nearly
Rs.
6
crores
to
the
Complainant
has
created
a
turning
point
in
the
Indian
Legal
history.
The
unquestionable
trust
of
patients
on
doctors
felt
a
setback
with
the
increasing
number
of
medical
negligence
cases
in
India.
of
medical
records.
India,
over
the
years,
had
witnessed
unprecedented
increase
in
the
cases
of
medical
negligence
against
doctors
and
hospitals.
What
is
Medical
Negligence?
Negligence
can
be
described
as
failure
to
take
due
care,
as
a
result
of
which
injury
ensues.
It
means
carelessness
in
a
matter
in
which
the
law
mandates
carefulness.
The
medical
profession
is
one
such
profession
on
which
such
a
duty
has
been
imposed
in
strictest
sense.
A
medical
professional
is
expected
to
have
the
requisite
degree
of
skill
and
knowledge
in
accordance
with
prevalent
standards
at
that
particular
point
of
time.
It
is
sufficient
that
the
medical
professional
acted
in
good
faith
to
best
of
his
or
her
judgement
and
belief
as
expected
from
him/her.
The
enactment
of
Consumer
Protection
Act,
1986
and
with
the
advent
of
medico
litigations,
Indian
Society
is
experiencing
a
growing
awareness
regarding
patient’s
rights.
This
trend
is
clearly
discernible
from
the
recent
spurt
in
litigation
concerning
medical
professional
or
establishment
liability,
claiming
redressal
for
injury
caused
due
to
medical
negligence
and
maintenance
2013
Y
E
A
R
S
700
2012
630
2011
570
2001-‐2010
515
0
100
200
300
400
500
600
No
of
medical
negligence
cases
700
800