Medical Negligence Laws in India

The conventional perception about doctors has been that they are life savers, giving us hope when there is none left, saving the lives of loved ones and healing them with their knowledge and professional expertise. What happens when your doctor jeopardizes the life of a patient due to negligence, or any such reason?

You, as a consumer, should question incidents pertaining to medical negligence and react by filing a case of medical negligence when you are sure that there is a strong case to prove. In India, the Consumer Protection Act covers medical negligence on the part of medical practitioners. This Act helps you to dispute a case of medical negligence in Indian courts, provided the negligence has resulted in a physical injury, a mental condition and/or death.

Medical Negligence: What Constitutes Medical Negligence under the Consumer Protection Act?

The human body and the way it functions or tends to malfunction is extremely complex and difficult to fathom. In fact, even the most experienced medical practitioners may fail to detect the true nature of a disease or condition.

The Consumer Protection Act considers this while determining the accountability of a medical practitioner when such a case of negligence arises. Consequently, a medical practitioner can only be held liable for a diagnosis if his mistake was a result of absence of reasonable skills, knowledge and care expected on his part. Let's make it simpler to understand, right? This means that if the doctor adheres to the reasonable standards of patient care as per the required professional standards, then he/she cannot be held guilty of negligence.

Medical Negligence: Does a Doctor’s Mistaken Diagnosis Amount to Negligence?

A mistaken diagnosis is not necessarily a wrong diagnosis. This is an established principle as determined in Navaneethan v Dr. Rathinasamy.

A case was filed against the doctor for wrong diagnosis as the patient was treated for ‘orchitis’ instead of ‘torsion testis.’ The doctor, however, claimed that he had diagnosed the disease on the basis of symptoms described by the patient. Further, no facilities were there at that time to effectively detect torsion testis. Hence, the court passed a verdict in the doctor’s favor, despite a case of wrong diagnosis. Remember, the peculiarities of a case are considered by courts.

Medical Negligence: What Amounts to Deficiency in Medical Services?

Deficiency in medical services is the most common ground for claiming medical negligence damages. The Consumer Protection Act identifies the following grounds as medical service deficiency:

Inadequacy in Diagnostic or Treatment Procedures

In Prasanth S. Dhananka v Nizam’s Institute of Medical Sciences, the plaintiff, a 20 year old student at the time, was admitted in the institute for treatment of a benign tumor. After undergoing surgery at the institute, the patient became paraplegic and confined to a wheelchair. Investigation showed that the Institute was at fault for not conducting the appropriate pre-operative diagnostic tests. Even though the operation itself was carried flawlessly, the Institute was held liable for medical negligence.

Lack of Preparation for an Operation

In Dr.Rashmi B. Fadnavis and Anor v Mumbai Grahak Panchayat and Ors, the doctor (defendant in the case) failed to anticipate and prepare adequately for a patient’s surgery. The patient had a rare blood group. The operation exceeded beyond the estimated time, requiring added blood transfusion. However, the patient died due to lack of an adequate stock resulted in the death of the patient. Consequently, the case was settled in favor of the plaintiff.

Failure to Sterilize Properly In Smt. Jaiwati v Parivar Seva Sanstha and Another, a complaint was lodged by the plaintiff on this ground. The case was awarded in favor of the plaintiff. However, it must be noted that a failure to sterilize can not always be stated for claiming medical negligence damages. This is because all female sterilization methods have certain failure rate. The ruling in such a scenario will surely vary from case to case.