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In recent years, medical malpractice has become one of the country's most critical challenges. Even the medical profession, which gets regarded as one of the finest, is not immune to neglect, which frequently results in the patient's death, complete or partial impairment, or any other suffering that has a negative impact on their health.
It should come as no surprise that even the smallest error committed by a doctor can have life-altering consequences for patients. As a result, it is a doctor's responsibility to take adequate precautions to avoid such occurrences.
However, when an error does occur, there are some remedies that could get implemented by the patient. In India, under tort law, contract law, criminal law, consumer protection laws, and constitutional law, one can sue a doctor and a hospital/nursing home vicariously for negligence.
In M/S. Spring Meadows Hospital vs. Harjol Ahluwalia, the Supreme Court stated that “In a claim for compensation arising out of medical negligence, a plea of bonafide mistake under certain circumstances may be excusable but a mistake which would tantamount to negligence cannot be pardoned”
The Supreme Court held in the case of the Indian Medical Association vs. V.P. Shantha and Ors. (1995) that services rendered to a patient by a medical practitioner by way of consultation, diagnosis, and treatment, both medicinal and surgical, fall under the ambit of the Consumer Protection Act, 1986, and that doctors can be sued for deficiency in service (except where the services are rendered free of charge to a patient).
At the national, state, and district levels, the Consumer Protection Act has established numerous consumer councils.
The law of torts takes over where the Consumer Protection Act's protection ends. Even when a physician offers free service, recourse to tort law allows for restitution and a remedy. As a result, where a doctor's or a hospital's services do not fall under the definition of "service" as defined by the Act, patients may rely on the law of torts to legally claim compensation based on negligence.
A doctor or physician could face criminal charges for committing reckless and negligent activities that resulted in death. Failure to perform one's duties is punishable under the law. The wrongful act can come under the ambit of:
Deliberate or willful wrongdoing. In most cases, this does not apply in medical practice because no doctor intends to injure his patient.
Negligent act - the doctor failed to exercise sufficient caution and care and gets simply unconcerned about the repercussions of his actions.
Wrongs of strict liability created by particular acts such as The Transplantation of Human Organs and Tissues Act 1994
A doctor can be prosecuted under Section 304A of the Indian Penal Code law for causing death by any hasty or careless act, such as when a patient dies during a surgery performed by a doctor who is not competent to operate.
In a nutshell, you can sue your doctor for any medical negligence that made your life dysfunctional. However, it's extremely important to document all the injuries and procure all the related documents that go along with your claim. The burden of proof lies on the patient so that a doctor doesn't get punished for the mistake of his patient's misunderstanding.
For a more detailed understanding, refer to the" M/S. Spring Meadows Hospital and Another vs Harjol Ahluwalia through, K.S Ahluwalia and Another." case study by clicking the case below.