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- It is wrong to associate the death of the patient with the negligence of the doctor; Know Medical Accountability Questions and Their Answers
new Delhi5 minutes agoAuthor: Pawan Kumar
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In Dausa, Rajasthan, on April 29, after a case of negligence was registered after the death of the mother, female doctor Archana Sharma committed suicide. As per the previous Supreme Court judgments, it is wrong to associate the death of every patient with the negligence of the doctor. Dainik Bhaskar’s Pawan Kumar talks to Supreme Court lawyer Virag Gupta on this issue
Click here to know about the full incident…
Question: What is the definition of medical negligence?
Answer: According to the Supreme Court, wrong treatment, lack of care, wrong surgery, not giving full information about the dangers, life-threatening treatment by an unqualified doctor come under the ambit of negligence.
Question: What is the law in such cases?
Answer: Police can file FIR, suit in civil court or a case of compensation under Consumer Protection Act.
Question: What are the three decisions of the Supreme Court in favor of doctors?
Answer: 1. No doctor can assure life to his patient: In the decision of November, 2021, the doctor can treat the patient with full capacity. If the patient dies due to any reason, then negligence cannot be blamed.
2. Death in surgery cannot be called medical negligence: According to the August, 2021 judgment, the death of a patient during surgery cannot naturally be considered as negligence of the doctor. Medical evidence is necessary for this.
3. Court cannot decide on allegations without hearing the doctor: As per the March 2022 judgment, the court cannot pass a unilateral decision without giving an opportunity to the doctor to present his case. This case was related to the death of the patient due to dengue medicine.
What are the 3 important decisions against doctors?
1.Law should be patient centric: An important decision was given in accordance with the judgment of January, 2019. The Supreme Court had said that our laws should ensure that a patient-centred approach is taken in the matter of medical negligence.
2. It is necessary to follow the prescribed standards of treatment: According to a 2013 decision, the doctor is required to follow the treatment standards and instructions. If this is not done then it is negligence.
3. Negligence in not explaining post-delivery care: The National Consumer Commission, in its decision in February 2022, said that non-explaining of post-delivery care amounts to negligence.
What arrangements have been given in the decisions of the Supreme Court for the safety of medical staff and doctors?
Answer: In the case of Bombay Hospital by the Supreme Court in the year 2021, the Supreme Court had said that it is wrong to associate every case of death of a patient with medical negligence. Even if there is negligence, the family does not have the right to misbehave and violence with the doctors. The Supreme Court has given directions in this regard.
- The presence of at least one policeman in the government hospital.
- If there is any attack on the doctor or medical staff during work, then a case should be lodged against the accused concerned immediately.
- It will be the responsibility of the hospital management to register this case.
- Keeping proper security in private hospitals is mandatory.
Are there adequate safeguards in our law to protect doctors and medical staff from attacks?
Answer: For the protection of doctors, nurses and medical staff, the central government had drafted a bill in the year 2019, but it was not approved. However, the Protection of Medicare Service Persons and Medicare Service Institutions Act laws are enforced by 23 states. But if it is not harmonized with IPC (Indian Penal Code), effective action can not be taken in this law.
Cases of vandalism, violence or obstructing work in government hospitals can be registered under strict sections. But private hospitals do not have such protection.
Often in hospitals, in some cases, patients accuse the doctor of negligence and the doctor denies. What is the mechanism to check negligence in such cases?
Answer: Medical negligence is a matter of expertise. Which can be examined by other independent and expert doctors only. Police, courts or the government constitute medical boards for investigation in such cases or get the investigation done by big medical institutions like AIIMS. Action is taken on the basis of their report.