Types of Medical Negligence and Their Legal Remedies in India

Over the past few decades, India has seen significant growth in the healthcare sector. The healthcare sector has grown significantly from providing better medical services to advanced technologies. However, along with these advancements, legal medical disputes have also increased. Medico-legal cases are complex for healthcare professionals and organisations in India, covering issues like medical negligence and patient rights.

Medico-legal dispute resolution involves legally solving conflicts between medical professionals, institutions, and patients. A better understanding of the types of medical negligence and the dispute resolution mechanisms could make it easier for healthcare providers to remain protected from legal obligations and liabilities.

Understanding Medico-Legal Disputes

Medico-legal disputes generally arise when it is alleged that healthcare professionals or institutions lack appropriate care and indulge in medical malpractice, causing harm or injury to patients. There are various types of medical negligence, and it is vital to understand and address them correctly.

India’s healthcare system has seen significant changes in recent years, making it more prone to conflicts that involve legal principles. These disputes are often addressed through the legal system, involving both civil and criminal proceedings. The legal process is available for patients who feel they have been cheated by the hospital authorities, as well as for doctors and hospitals who need to protect their professional reputation and practice. For this, it is essential for us to know the types of medical negligence and how they are resolved. So, let’s dive deep and learn the common types of medical negligence.

Types of Medical Negligence

Types of Medical negligence may be described as the lack of reasonable care expected of a healthcare provider or facility in a given medical circumstance. It includes unexpected actions from medical practitioners that will cause harm to the patient. There are several types of medical negligence:

Diagnostic negligence This is the one of the most common types of medical negligence cases whereby a doctor wrongly diagnosed a patient, or in other words; a doctor negligently fails to diagnose the true nature of a patient’s ailment. It involves incorrect diagnosis; delayed diagnosis; or omission of appropriate tests. The consequence can be harmful if the condition is not identified and treated in time.

Examples:

Failure to treat cancer at its early stages.
Heart attack symptoms are mistaken for just a stomach ache issue.

Surgical Negligence

Another one of the familiar types of medical negligence is Surgical negligence occurs when there is negligence during the time of operations. It may include an incorrect method of performing surgery, an operation which is not needed, or leaving a surgical instrument inside the patient’s body. Such types of errors are considered hazardous.

Examples:

Surgical mistakes which cannot be reversed.
Surgery is done on the wrong site and part of the body.

Anesthesia Negligence

Anaesthesia negligence is a specific type of medical malpractice that happens when a health care provider gives anaesthesia inappropriately, which results in serious complications, affecting brain and nerve damage or even death.

Examples:

Incorrect dosage of anaesthesia
Failed to monitor the patient’s signs/Symptoms during surgery.

Pharmaceutical negligence

This is another one of the common types of negligence that arises out of negligence committed when prescribing, dispensing or administering medications. It may involve wrong prescriptions, incorrect dosages, or most importantly, the tendency to fail to inform the patient of the possible side effects of the drugs to be taken.

Examples:

Prescribing the wrong medicine
Failure to recognise harmful drug interactions.

Failure to Inform (Informed Consent)

Legal obligations can arise if a medical practitioner fails to inform patients about the risks, benefits, and possible outcomes of medical treatment. Patients have the right to be informed of risks associated with the given treatment. Thus, failing to inform is also one of the most common types of medical negligence.

Examples:

A patient undergoes surgery without being informed of complications that can take place.
A patient is not told about alternative treatment options.

Negligence in Postoperative Care

Postoperative care is essential for a patient’s recovery. Negligence in this area can lead to infections, delayed recovery, or even death. It is necessary for healthcare providers to monitor patients with utmost care after surgery.

Examples:

Failure to monitor vital signs after surgery.
Not addressing infections or complications that arise post-operatively.

Medico-Legal Dispute Resolution Mechanism for Types of Medical Negligence in India

In India, medico-legal disputes that concern the types of medical negligence are resolved through various mechanisms, including civil courts, criminal courts, and specialised forums like consumer forums. The legal framework has been developed to provide an impartial and fair dispute resolution process.

Consumer Protection Act, 1986

Consumer Protection Act, 1986 is among the primary mechanisms for solving medico-legal disputes cases in India. Under this act, Patients who feel they have been treated with negligence can file complaints at various levels of consumer forums. As per this Act, medical professionals and institutions are treated as service providers, and patients are considered as consumers.

The complainant can ask for compensation if harm has been caused due to negligence. The process is quicker than most traditional court proceedings. According to the verdict of case Indian Medical Association v. V.P. Shanta , medical professionals and hospitals can be sued and held responsible for medical negligence under the Consumer Protection Act.
Furthermore, the Consumer Protection Act of 1986 was repealed and replaced by the Consumer Protection Act of 2019.

Consumer Protection Act, 2019

Consumer Protection Act 2019 came into effect on July 20, 2020. The Consumer Protection Act of 2019 replaces the 1986 act, strengthening consumer rights. It addresses modern-day challenges like e-commerce. It also concerns misleading advertisements. Furthermore, the Central Consumer Protection Authority (CCPA) enforces rights and regulates unfair trade practices. It further penalises false advertisements.

Additionally, the act simplifies dispute resolution by making it digital and incorporating mediation. It further expands consumer rights, which include protection against contracts, product liability, and grievances. The CPA 2019 has enhanced penalties and accountability. The act seeks to empower consumers with its faster redressal mechanisms.

Civil Court Proceedings

Civil suits are for cases that deal with monetary compensation or complex issues of medical negligence that are beyond consumer protection laws. Courts assess the severity of the issue/negligence and harm caused to the patient and accordingly decide the compensation amount.
In the case of medical negligence, civil suits include various claims like compensation for life loss, income loss, medical expense, and emotional and psychological distress. One drawback that civil courts have is the lengthy legal procedures, making it costly to file a case

Criminal Court Proceedings

There are cases where medical professionals have to face criminal charges when their negligence leads to severe injury or death of the patient. Section 304A of the Indian Penal Code states that a doctor can also be charged for death by medical negligence.

The cases related to the types of medical negligence require strong evidence that negligence has occurred. Criminal cases are complex and time-consuming as proper investigation takes place to have strong evidence supporting the claim. Criminal proceedings can result in penalties such as fines, compensation, imprisonment and a ban on practice.

Medical Boards and Associations

The Medical Council of India (MCI), along with state-level medical councils, plays a vital role in the medico-legal dispute resolution process, primarily related to the types of medical negligence cases. The responsibilities of these boards are to investigate complaints of negligence and other medical disputes. If a doctor is found guilty and responsible for the charges, the board can impose penalties and also suspend their medical license for a lifetime.

There are many other professional associations like the Indian Medical Association (IMA) that offer support and guidance to healthcare professionals facing legal challenges.

Alternative Dispute Resolution (ADR)

Another method that is immensely popular in India for solving and guiding medico-legal disputes is Alternative Dispute Resolution (ADR) mechanisms, which include arbitration and mediation.
In the cases related to types of medical negligence and disputes related to its compensation, these methods are flexible, confidential, less formal, and less complex than court procedures, and, at the same time, they result in faster resolution and reduced legal expenses. In mediation, both parties are encouraged to make a mutual settlement that benefits both with the help of a neutral third party. Arbitration, on the other hand, involves a binding decision made by an arbitrator.

Challenges in Medico-Legal Dispute Resolution

There are several challenges in resolving medico-legal disputes in India. Some of them are-
Awareness: Many patients and healthcare professionals are not familiar with the rights and responsibilities that fall under the law. Many patients are unaware of their rights in terms of medical treatment and types of medical negligence. Many healthcare professionals were not given adequate training on legal standards, enabling them to prepare the necessary documentation that can protect them in times of disputes.
Overburdened Legal System: The Indian judicial system is overburdened with loads of pending cases, leading to long delays in resolution. Cases related to medical negligence and malpractice take years to resolve.
Complexity of Cases: Medico-legal cases have complex and time-consuming processes as they require expert testimony and evidence.
Defensive Medicine: Many healthcare professionals practice defensive medicine, asking for multiple tests and expensive treatments due to fear of being accused of medical negligence in the future. However, this also results in increasing healthcare costs, affecting both patients and healthcare systems.

Conclusion

Medico-legal disputes are part of the major challenges that the healthcare industry faces. It is necessary for both patients and medical professionals to understand the types of medical negligence and dispute resolution mechanisms available. Patients should be aware of their medical rights while healthcare professionals should maintain the highest standards of care.

Legal structures like the Consumer Protection Act and criminal courts provide pathways for dispute resolution, and mechanisms such as ADR and medical boards offer further assistance.
For healthcare professionals, it is essential to follow legal and professional ethics, reducing the risks and protecting their reputations. Having expert healthcare legal advisors such as MednLaw can guide you through complicated legal issues while focussing on giving the best treatment to patients while being protected legally.

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