Re: Today's Question: Which law covers medical negligence in India?

[Guest guest]

Dear Members:

I thank Dr Buch and Dr Pankaj for replying to the query of Dr Vijay Thawani. Since nobody seems to be in a mood to answer today's question (and even yesterday's question for that matter), I hereby feel priviledged to answer it myself.

Depending upon the nature and magnitude of medical negligence/malpractice it can either be classified as civil negligence or criminal negligence. Civil negligence can be tried under Consumer Protection Act of 1986 whereas criminal negligence can be tried under Indian Penal Code, 1860.

Other legal avenues available to patients in the event of medical negligence/malpractice are as under:

Consumer Protection Act of 1986

Civil Courts (Fatal Accidents Act, 1855)

Law of Torts (Compensation)

Public Interest Litigation (under Article 21 of Ind Const.)

Sections under Indian Penal Code, 1860 (sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the provisions relating to medical malpractice in India)

Section 357 of Cr. P.C., 1973

Medical Council of India Act, 1956

Medical Practitioners Act, 1938

Good Clinical Practice Guidelines (Schedule Y of D & C Act

Code of Medical Ethics, 2002

I just got to know that NetRUMian Dr Pankaj Jain is LLB too. He is requested to come up with his expert comments on this post and add up to our knowledge on legal avenues please.

Kind Regards

Dr Geer M Ishaq>> Dear Members:> > We are done with taking an overview of the RTI Act, 2005, discussing right of patients in general, their benefits and the right to information in particular. Now we move on to medical negligence. > > Today's question is: WHICH LAW IN INDIA COVERS MEDICAL NEGLIGENCE?> Does medical negligence come under the purview of civil or criminal law in India? What are the other legal avenues before patients in the event of infringement of their rights or medical malpractice/negligence?> > Looking forward to your active participation.> > Kind Regards> Dr Geer M Ishaq>

[Guest guest]

Dear Dr Geer,

The laws seem to be plenty. But, many a times, a doctor has to take decisions in the interest of the patient on the operating table. Will these laws lie above the decisions of compassion? Looks like Bhagwad Geeta, Bible....seem to be outdated.

Amupama

From: Dr Geer M Ishaq <ishaqgeer@...>Subject: Re: Today's Question: Which law covers medical negligence in India?netrum Date: Sunday, 3 July, 2011, 9:32 PM

Dear Members:

I thank Dr Buch and Dr Pankaj for replying to the query of Dr Vijay Thawani. Since nobody seems to be in a mood to answer today's question (and even yesterday's question for that matter), I hereby feel priviledged to answer it myself.

Depending upon the nature and magnitude of medical negligence/malpractice it can either be classified as civil negligence or criminal negligence. Civil negligence can be tried under Consumer Protection Act of 1986 whereas criminal negligence can be tried under Indian Penal Code, 1860.

Other legal avenues available to patients in the event of medical negligence/malpractice are as under:

Consumer Protection Act of 1986

Civil Courts (Fatal Accidents Act, 1855)

Law of Torts (Compensation)

Public Interest Litigation (under Article 21 of Ind Const.)

Sections under Indian Penal Code, 1860 (sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the provisions relating to medical malpractice in India)

Section 357 of Cr. P.C., 1973

Medical Council of India Act, 1956

Medical Practitioners Act, 1938

Good Clinical Practice Guidelines (Schedule Y of D & C Act

Code of Medical Ethics, 2002

I just got to know that NetRUMian Dr Pankaj Jain is LLB too. He is requested to come up with his expert comments on this post and add up to our knowledge on legal avenues please.

Kind Regards

Dr Geer M Ishaq>> Dear Members:> > We are done with taking an overview of the RTI Act, 2005, discussing right of patients in general, their benefits and the right to information in particular. Now we move on to medical negligence. > > Today's question is: WHICH LAW IN INDIA COVERS MEDICAL NEGLIGENCE?> Does medical negligence come under the purview of civil or criminal law in India? What are the other legal avenues before patients in the event of infringement of their rights or medical malpractice/negligence?> > Looking forward to your active participation.> > Kind Regards> Dr Geer M Ishaq>

[Guest guest]

Dear Dr Anupama:

No law is above the law of humanity, empathy and compassion, of course. If these

virtues persist and sustain, there is no need for a litigation or compensation.

However unfortunately we are living in an era where there are black sheep in

every sect and every profession. Same is the case with medical profession, while

majority of doctors perform their duties most diligently, honestly and with

utmost devotion, there are some unscrupulous people whose dubious and negligent

actions leave a black spot on the whole fraternity.

These laws are required to tackle such black sheep who play with human lives and

show no signs of repentance. What should a patient do if a wrong limb has been

operated upon or a scissor left inside his chest or left handicapped for his

entire life due to some wrong medication. Legal recourse is the only legitimate

and dignified remedy left for him.

Rest virtues of dignity, dedication and respect for human life will always

remain supreme over everthing else. Even after invoking any of these legal

regulations, if a doctor does not speak truth in the court of law or tampers

evidence, no law can harm him, so call of conscience (as envisaged in Shri

Bhagwad Gita and all other religious books) is the most important thing in any

professional's life and career.

Kind Regards

Dr Geer M Ishaq

> >

> > Dear Members:

> >

> > We are done with taking an overview of the RTI Act, 2005, discussing right

of patients in general, their benefits and the right to information in

particular. Now we move on to medical negligence.

> >

> > Today's question is: WHICH LAW IN INDIA COVERS MEDICAL NEGLIGENCE?

> > Does medical negligence come under the purview of civil or criminal law in

India? What are the other legal avenues before patients in the event of

infringement of their rights or medical malpractice/negligence?

> >

> > Looking forward to your active participation.

> >

> > Kind Regards

> > Dr Geer M Ishaq

> >

>

[Guest guest]

Yes I agree with opinion of Geer. Because the majority is not behaving as

expected from them, more laws are enacted and enforced. If only self control and

ethical practices exist in the profession, the golden era of getting respect,

honour and prestige from the community will be back. Have a positive outlook and

be the catalyst of positive change - and thats why we all members of NetRUM

exist!

Good luck. Keep doing good and good will return.

Vijay

> > >

> > > Dear Members:

> > >

> > > We are done with taking an overview of the RTI Act, 2005, discussing right

of patients in general, their benefits and the right to information in

particular. Now we move on to medical negligence.

> > >

> > > Today's question is: WHICH LAW IN INDIA COVERS MEDICAL NEGLIGENCE?

> > > Does medical negligence come under the purview of civil or criminal law in

India? What are the other legal avenues before patients in the event of

infringement of their rights or medical malpractice/negligence?

> > >

> > > Looking forward to your active participation.

> > >

> > > Kind Regards

> > > Dr Geer M Ishaq

> > >

> >

>