damages
and
in
cases
of
gross
negligence,
may
result
in
criminal
liability.
The
Hon’ble
Courts
of
India
have,
in
some
cases
awarded
hefty
compensation
to
the
patients
and
the
said
compensation
is
measured
on
account
of
life,
loss
of
future
earning,
physical
and
mental
pain
and
suffering
faced
by
the
complainant
.
Given,
the
number
of
medical
negligence
cases
is
on
rise
in
India,
the
Apex
Court
has
set
a
milestone
in
fixing
the
liability
for
medical
negligence
by
awarding
compensation
of
Rs.
6
crores
in
Kunal
Saha
case.
However,
with
the
increasing
frivolous
complaints
against
doctors,
it
should
be
understood
that
the
doctors
should
not
be
harassed
merely
because
their
treatment
was
unsuccessful
and
had
caused
some
mishap
not
necessarily
amounting
to
medical
negligence.
In
the
leading
case,
the
court
observed
that
“
In
the
matter
of
professional
liability
professions
differ
from
other
occupations
for
the
reason
that
professions
operate
in
spheres
where
success
cannot
be
achieved
in
every
case
and
very
often
success
or
failure
depends
upon
factors
beyond
the
professional
man's
control.”
It
is
to
be
noted
that
a
balance
need
to
be
struck
in
cases
of
medical
negligence,
where
the
doctors
who
has
caused
death
or
serious
agony
to
patients
need
to
be
penalized,
but
it
must
also
be
remembered
that
like
all
professional
the
doctors
too
can
make
errors
of
judgment
but
if
they
are
punished
for
this
then
no
doctor
can
practice
their
vocation
with
equanimity.
Conclusion
Today,
the
patient-‐
centred
initiative
of
rights
protection
is
required
to
be
appreciated
in
the
economic
context
of
decreasing
state
spending
and
increasing
private
investment
in
health
care
sector
and
the
continuous
efforts
by
Hon’ble
Courts
of
India
to
constitutionalize
the
right
to
health
as
fundamental
right
need
to
be
recognized.
However,
it
is
essential
to
note
that
the
rights
of
patients
shall
not
be
protected
at
cost
of
professional
integrity
and
autonomy.
There
need
to
strike
a
delicate
balance;
otherwise
the
consequences
will
be
inexplicable.