Medical malpractice or medical negligence refers to poor quality of medical care. So, they occur due to negligence or acts of omission.
Furthermore, these instances can lead to medical complications or the death of a patient.
Therefore, such acts of medical negligence can be considered as a transgression of the legal duty of care. In such cases, patients have the right to file liability charges against the doctor or the hospital.
Constitutional Rights
Article 21 and Article 32 of the Constitution of India grant patients the opportunity to resort to action against medical malpractices. Article 21 guarantees the Right to Life. The Right to Health is an integral part of Article 21.
Thus, it is the government’s responsibility to provide quality healthcare to the citizens. A government hospital will be violating the Right To Life if it fails to provide quality and timely medical facilities.
Furthermore, a patient who has been a victim of medical malpractice and negligence can file a lawsuit under Article 32. Hence, this Article provides the Right To Constitutional Remedies.
Additional Read: What is a comprehensive cover in the Doctor’s Professional Indemnity Policy?
Threat to license – Can a doctor lose his license for medical malpractice?
In such cases of medical malpractice, if the patient files a detailed and written complaint to the Indian Medical Council (IMC), the concerned doctor’s medical license can stand canceled.
The IMC will go for such steps only after conducting a detailed investigation. Therefore, a doctor may lose his license if the complaint turns out to be valid.
It should be noted here that the cancellation of a doctor’s license for medical malpractice is not a common occurrence. The patient needs sufficient proof for the judgment to go in his favor.
Additional Read: When does a claim occur under DPI and how to raise a claim?
Importance of Doctor’s Professional Indemnity Policy
It is in such cases that the medical professional needs the doctor’s professional liability insurance cover. The Doctor’s Professional Indemnity Policy provides cover against such legal liabilities. A doctor’s professional indemnity policy allows the doctor to work with a good legal team to defend himself vigorously.
