Medical malpractice or medical negligence refers to the poor quality of medical care that has been provided to a patient by the doctors. This can lead to serious health conditions in the patient or even the death of the person in the worst case. Medical malpractice can occur when a medical practitioner causes an injury to the patient due to a negligent act or due to certain omissions.
Medical malpractice can occur due to erroneous medical diagnosis, incorrect treatment or any wrong surgery. When a patient approaches a doctor, he does that with faith in the doctor and the doctor is expected to owe certain duties towards the patient. Though the doctor may not be able to save a patient every time, it is the sole duty of a doctor to utilize his skills and knowledge for providing relief to his patients. But, when a doctor and even a hospital fail to provide this basic service to the patients the problem begins.
Medical negligence or malpractice can be considered as a transgression of the legal duty of care. When a breach of this level happens, it gives the patients the right to take any action against this malpractice. Article 21 and Article 32 of the Constitution of India give the patients the opportunity of taking action against medical malpractices.
Article 21 provides the right to life for the citizens and the right to health is an integral part of that. This makes providing good quality health services to the people the responsibility of the Government. In case a Government hospital does not provide good quality and timely medical facilities to its patients then it is a violation of the right of life. Moreover, Article 32 is the savior for common people and provides the right to Constitutional remedies. If the patient has been a victim of medical malpractice and negligence they can file a lawsuit under Article 32.
In the case of medical malpractice, if the patient files a detailed and written complaint with the Indian Medical Council (IMC) it can lead to the cancellation of the concerned doctor’s medical license. However, there would be a detailed investigation by the IMC about the complaint and if the concerned doctor is found out to be guilty his medical license would be canceled. So, the cancellation of the license of a doctor for medical malpractice is not a common occurrence and will need sufficient proof and evidence for passing on this judgment.
Additional Read: When does a claim occur under DPI and how to raise a claim?
In case of such litigations which can be a consequence of medical malpractice, doctors can have doctor’s professional liability insurance which will be helpful in ensuring their safety as this insurance will provide the legal liability cover to doctors against such medical negligence.