Introduction
In India, healthcare is a fundamental right, and patients trust medical professionals to provide competent and ethical care. However, instances of medical malpractice—where healthcare providers fail to meet the standard of care—have raised concerns about patient safety and legal accountability. This blog aims to shed light on medical malpractice, doctors’ liability, and the legal avenues available for patients seeking justice.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the accepted standards of practice in the medical community, leading to harm or injury to a patient. This can encompass errors in diagnosis, treatment, aftercare, or health management.
Legal Framework Governing Medical Malpractice in India
India’s legal system provides mechanisms to address medical malpractice:
- Consumer Protection Act, 2019: Patients are considered consumers under this Act, allowing them to file complaints against healthcare providers for deficiencies in service.
- Indian Penal Code (IPC): Sections 304A (causing death by negligence) and 338 (causing grievous hurt by act endangering life or personal safety of others) can be invoked in cases of medical negligence.
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002: These regulations outline the ethical duties of medical professionals and the standards of care expected.
- Civil Law: Victims can seek compensation through civil suits for damages resulting from medical negligence.
Common Causes of Medical Malpractice
Medical malpractice can result from various factors, including:
- Diagnostic Errors: Incorrect or delayed diagnosis leading to inappropriate treatment.
- Surgical Mistakes: Errors during surgery, such as operating on the wrong site or leaving surgical instruments inside the body.
- Medication Errors: Incorrect prescriptions or dosages causing adverse reactions.
- Anesthesia Errors: Mistakes in administering anesthesia leading to complications.
- Failure to Obtain Informed Consent: Proceeding with treatment without adequately informing the patient of risks and alternatives.
Real-Life Case Studies
- The Anuradha Saha Case (1998)
In a landmark case, Dr. Sukumar Mukherjee and his team at AMRI Hospital in Kolkata were found guilty of medical negligence after prescribing a drug that led to a fatal allergic reaction in Anuradha Saha. The Supreme Court awarded a compensation of ₹6.08 crore to her husband, Kunal Saha, marking one of the highest compensations in Indian medical negligence history.
- The 2014 Chhattisgarh Sterilization Deaths
In a government-run sterilization camp, 13 women died, and 70 others were hospitalized due to contaminated medication. Dr. R.K. Gupta, who conducted the surgeries, was arrested, and the pharmaceutical company supplying the drugs was also held accountable.
- The 2017 Gorakhpur Hospital Deaths
In Gorakhpur, Uttar Pradesh, over 60 children died due to a shortage of oxygen in a government hospital. The incident highlighted systemic failures