In India, medical negligence is governed by both civil and criminal laws. The primary legislation related to medical negligence is the Indian Contract Act, 1872, the Indian Penal Code, 1860, and the Consumer Protection Act, 2019. Additionally, the Supreme Court of India has provided guidelines and judgments that have shaped the legal framework surrounding medical negligence. Let’s explore these laws in detail:
- Indian Contract Act, 1872:
The Indian Contract Act establishes the legal framework for agreements and contracts between parties. In the context of medical negligence, it addresses the relationship between doctors and patients, which is primarily based on a contract of service. Under this Act, a medical professional is expected to perform their duties with reasonable care and skill. If a medical professional breaches this duty, resulting in harm or injury to the patient, it may be considered a breach of contract. - Indian Penal Code, 1860:
The Indian Penal Code deals with criminal offenses, including those committed by medical professionals. Relevant sections under this code include: a. Section 304A: This section deals with causing death by negligence. If a medical professional’s negligence leads to the death of a patient, they may be charged under this section. However, it is important to establish that the negligence was the direct cause of death. b. Section 337: This section deals with causing hurt by an act that endangers life or personal safety. If a patient suffers injuries due to a medical professional’s negligent act, they may be charged under this section. c. Section 338: This section deals with causing grievous hurt by an act that endangers life or personal safety. If a patient suffers severe injuries due to a medical professional’s negligent act, they may be charged under this section. - Consumer Protection Act, 2019:
The Consumer Protection Act provides remedies for consumers in cases of medical negligence. It establishes Consumer Dispute Redressal Commissions at the district, state, and national levels to adjudicate consumer complaints. Under this Act, a patient can file a complaint seeking compensation for medical negligence and other related issues. The Act defines medical services as a service, and a consumer who avails themselves of medical services is entitled to rights, including the right to information, right to choose, and right to seek compensation for negligence. - Supreme Court Guidelines:
The Supreme Court of India has issued various guidelines and judgments to address medical negligence. Some notable ones are: a. Bolam Test: The Bolam Test, derived from a British case, is widely used in India. It states that a doctor is not negligent if they have acted in accordance with a practice accepted as proper by a responsible body of medical professionals, skilled in that particular field. b. Informed Consent: The Supreme Court has emphasized the importance of obtaining informed consent from patients before any medical procedure. Patients have the right to be informed about the nature of the treatment, risks involved, and alternative treatments. c. Res Ipsa Loquitur: This Latin phrase means “the thing speaks for itself.” In certain cases, if the negligence is apparent on the face of it, the court may apply this principle to determine negligence without requiring the patient to prove it explicitly.
It’s important to note that medical negligence cases are complex and depend on the specific facts and circumstances. Seeking legal advice from a qualified professional is advisable if you believe you have been a victim of medical negligence in India.