The medical profession is one of the noblest professions because it saves the lives of people and hence doctors are called God on the earth. A patient generally visits a doctor when he is in any kind of pain be it physical or mental and they generally choose to see a doctor who has a good reputation. Since someone is putting whole faith in a doctor, the doctor owes certain duties towards that person/patient. Patient visits the doctor with some expectations such as he will be cured by the treatment of that doctor and it will not worsen their illness. Hence the doctors need to be very careful.
Definition of Medical Negligence
Negligence is simply the failure to exercise due care. The three ingredients of negligence are as follows:
1. The defendant owes a duty of care to the plaintiff.
2. The defendant has breached this duty of care.
3. The plaintiff has suffered an injury due to this breach.
So, here medical negligence also owes the same duties, and hence it is not different. In case of medical negligence often the doctor is the defendant.
Liabilities of Doctors arising under Indian Laws
In the case of medical negligence, the burden of proof lies on the person who alleges the doctor against any medical negligence on his part. It is very clear to everyone that nowhere 100 percent cure is promised as a doctor is also a human being and sometimes things went wrong in medical treatment and surgeries. So a doctor could not be held liable merely because something went wrong during the treatment. In the case of Dr. Laxman Balkrishna vs. Dr. Trimbak, AIR 1969 SC the apex court held that a doctor cannot be held for negligence only because some other doctor of better skill or knowledge would have prescribed a different method of operation differently. Since the evidence clarified that the doctor took all the necessary measures and performed the operation and acted in accordance with the practice regularly adopted and accepted by him in that hospital and several patients are regularly treated in the same way.
The doctor’s liability arises not when the patient suffers any injury, but his liability arises when a patient suffers an injury because of his conduct, which has fallen below that of reasonable care prescribed. So, in a simple term doctor is not liable for medical negligence in every case. He is only liable for that injury which is a consequence of his conduct and his breach of duty.
The court has held about causation that it must be shown that the breach of duty was the most probable cause for the injury that occurred out of all the possible reasons for injury. Generally, the liability of the doctor arises when the plaintiff can discharge the burden on him of proving negligence. However, in some cases like leftover swabs in the abdomen of the patient, etc. the principle of ‘res ipsa loquitur’ (‘the thing speaks for itself’) might come into the scene.
So these are some instances where doctors are liable for medical negligence on their part and can be liable according to Section 337 of the Indian Penal Code, 1860 if a person commits a rash or negligent act due to which human life or personal safety of others gets threatened. The person will be punished with imprisonment for a term that may extend to six months or with a fine that may extend to five hundred rupees or both.
About the author –
This blog is authored by Shalini Bhatt, second year law student at Chanakya National Law University, Patna.