Remedies on medical negligence

 

Introduction

 “A doctor, like anyone else who has to deal with human beings, each of them unique, cannot be a scientist; he is either, like the surgeon, a craftsman, or, like the physician and the psychologist, an artist. This means that in order to be a good doctor, a man must also have a good character, that is to say, whatever weaknesses and foibles he may have, and he must love his fellow human beings in the concrete and desire their good before his own.”

These words are aptly put by W. H. Auden, showing the huge responsibility on a doctor’s shoulder to be selfless and treat his patient with utmost care and caution. Being a doctor is an honorable profession, which is often referred to as the hand of God. Having been called as professionals and trusted to keep our lives safe, breach of duty, failure to keep up with reasonable standards, or being negligent are not expected from them and may invite to the offence of medical negligence. The damage or injury caused by the doctor can be actionable in the court of law, and remedies will be provided to the plaintiff in case the negligence is proved. A patient cannot make a doctor liable for the breach of his duty if there is no relationship between them.

What is Medical Negligence?

Medical Negligence can be defined as doing something which a reasonably prudent medical practitioner would not do, or the omission to do something which a reasonably prudent medical practitioner would do under like circumstances with the patient. Even the slightest injury or damage caused to the patient by a doctor’s negligence, who as a professional was expected to work in a reasonable way due to their reputation or skills, give rise to the tort of medical negligence. It is the doctor’s duty to make decisions that will be in the best interest of the patient even if the patient condition is severely critical and the chances of survival are minimal. There are some essentials to constitute the tort of medical negligence they are as follows-

1.    A professional duty owed to the patient: Duty owned is a legal obligation applied on the professional that they will perform the required task, in which foreseeable injury may happen, with a reasonable standard of care.

2.     Breach of such duty: Failure to keep up with the duty owned will lead to the breach of duty, which is not ordinarily expected from a professional. If the professional acted reasonably and aptly, then there is no negligence.

3.      Injury caused by the breach resulting in damages: The breach of duty may lead to the infliction of some damage to the patient or relative, be it financial, physical or mental. There must be a link between the patient injury and the professional’s action.

 

 

Medical Ethics and Malpractices

Medical ethics are basically moral principles or agendas that govern a doctor’s behavior or the conducting of medical activity. A physician should be equipped with moral ethics along with medical knowledge and technical skills. Proper ethical behavior gives a boost to the reputation and goodwill of the professional, attracting more patients looking for appropriate medical treatment.

Medical malpractices or professional negligence is defined as an act or omission done by a professional, which leads to the deviation from ethical practices and norms resulting in injury to the patient. This leads to the downgrading of the reputation and goodwill of the professional concerned.

Conclusion

Being a medical practitioner is a reputed job that demands proper action in case of any situation, be it a minor cut or a fatal wound. Medical practitioners are judged with reference to the other professionals of the same field of work. A job that demands particular skill, ability, experience and professionalism requires the special duty of care towards others.

The constitution of India provides the fundamental Right to Life and Health under Article 21. Thus, any type of infringement in our Fundamental Rights should not be tolerated by the judiciary, and proper remedies should be provided in case of medical negligence. Medical Services should be treated as the “services” as it does not constitute a personal service contract. Thus, no master-servant relationship arises. It is high time for the medical practitioners to restore the belief and trust among the patients, which was downgraded due to increasing medical negligence cases and keep in mind their ethical morality and proper, righteous treatment of the patient.

Abhijeet Singh Yadav

Jigyasa Surolia

 Nitin Garg

2AB PSYCHOLOGY