Medical Negligence: Laws and Remedies in 2022

 

The medical field is undoubtedly noble since it deals with human life, and one’s life is the most valuable among all the things on earth. The doctor’s top priority is ensuring a patient’s safety while receiving treatment. It is important to remember that human error is common, and physicians are not exempt from this rule of medical negligence.

Not always, though, but still, there remains a chance of making mistakes in some critical situations. Doctors must carry out their duties with knowledge, competence, and prudence since failing to do so constitutes medical negligence. They shouldn’t manage their patients without the necessary technical expertise and specialization.

It is significant to establish particular laws on medical negligence to provide victims with relief to claim the damages that occurred to them or their loved ones and come up with punitive measures for the professional’s negligent behaviour.

That’s because there can be adverse consequences of negligence. In recent times, medical negligence cases have seen an increase. Whatever the cause, the ultimate victims are the innocent public who consult doctors in the firm belief that they will find a cure to their health problems. So, here is a rundown of all those laws and remedies regarding medical negligence.

Laws of Medical Negligence

Negligence is the act of unintentionally breaching the legal duty in one’s profession by the defendant but resulting in damage to the plaintiff. Negligence never arises only due to a person’s wrongful conduct. One needs to determine whether the misconduct is responsible for causing harm to the other person. There is no negligence if there is no damage.

It is said that the act of negligence is only considered when the plaintiff experiences direct harm resulting from misconduct. Moreover, it should be visible damage, and damage is the main factor that can prove an act of negligence.

Negligence under Contract 

A contract consists of certain implied or expressed terms. Certain situations can involve a contract between the patients and the medical practitioners. Even without a contract, a practitioner has to exercise reasonable care or skill in treating the patient.

This implied duty does not have to be under a contract. Anyone found breaching this responsibility leads to contract violation or is straightaway punishable.

Negligence as a Crime 

The legal standard for negligence as a crime is diverse. While criminal law bases its definition of carelessness on the degree or quantity of negligence, tort law bases it on the degree of harm.

Courts have repeatedly claimed that the burden of proof for showing criminal negligence falls entirely on the individual making the allegation. A guilty mind is liable to fall under criminal law. In any instance, a practitioner will be accountable if there is a guilty mind.

Negligence under Consumer Protection Legislations 

Ever since the inclusion of professions under the consumer protection act, doctors, too, have felt its effects. Medical malpractice refers to a different kind of failure in service under consumer protection legislation, and it most closely resembles the responsibility under tort law.

The criteria under consumer protection legislation are failing to exercise competence and care as is generally anticipated of a medical practitioner. Therefore, there is stronger and wider responsibility in this case.

Doctors undoubtedly have a very challenging job to complete, and they are the ones a patient trusts with what is most precious to every person: their life.

Remedies- Medical Negligence

Medical Council

An injured party may report a doctor for carelessness to the relevant State Medical Council, which can take action against the doctor in question by cancelling or suspending his registration.

The accused must submit a detailed complaint to the council outlining all the facts and information in the case. The accused will then have 30 days to offer a defence before the council. The council will ask both parties to submit evidence to support their allegations if they are not pleased with the response.

Civil Liability under Consumer Forum

A party who feels wronged may take the accused and the hospital to court in a case against them. It states that as doctors act as the consumers for the Consumer Protection Act purposes, any medical services they provide should consider their service as such.

Under the new Consumer Protection Act, every instance of medical negligence on the service provider’s part refers to a deficit or negligence.

The victim can even sue the doctor or a hospital for damages for medical negligence by any harmed individual. According to the Consumer Protection Act, you have two years from the date of the injury to bring a complaint for medical negligence.

Criminal Liability

A person who commits an act of carelessness or haste that endangers human life, jeopardizes personal safety or causes the death of a person is punishable by imprisonment and a fine under several articles of the Penal Code.

The court has noted that one must be able to prove the element of “men’s rea” or criminal intent to exist in a negligence case when a criminal case investigation is ongoing.

There must be enough proof that the accused did or failed to do something that, under the given conditions, no other medical practitioner acting prudently and with common sense would have done or failed to do.

The offended party would initially complain to the involved person(s) with the local police authorities. The harmed party may file a criminal complaint under the Criminal Procedure Code if nobody takes action.

Final Note

Lawsuits often cost money, take time, and are unpleasant. Anyone considering filing a lawsuit should carefully assess the benefits and drawbacks of doing so.

In case of minor damage, the patient can spend more on the case than they would ultimately make back.

So, it would be helpful if you hire a professional medical negligence attorney who can guide you through the procedure and enable you to handle the case better to get the much-needed justice.