Medical Law

-Legal Blog by Rujuta Jog

Introduction:

Medical law is the body of laws concerning the rights and responsibilities of medical professionals and their patients. The main areas of focus for medical law include confidentiality, negligence and other torts related to medical treatment (especially medical malpractice), and criminal law and ethics. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law. Article 25 of the Universal Declaration of Human Rights states that everybody has the privilege to a way of life satisfaction for the well-being and prosperity of themselves and of their family, including food, garments, lodging and clinical consideration.[i]

Medical negligence:

Medical negligence is the unfortunate behavior by a clinical professional or specialist by not giving enough consideration bringing about the penetration of their obligations and hurting the patients who are their customers. No hospital whether government or private should deny a treatment or a bed to the patient. If they do so, they are liable for the action.

Our Indian Constitution gave some fundamental rights to the citizens of India and Medical Negligence is also punishable under Indian Penal Code:

Article 14: Article 14 of the Indian constitution guarantees the citizen the equality before law and equal protection of the laws. It states, nobody can deny the right to equality of any Indian citizen.

Article 15: Article 15 of the Indian Constitution state that, the state shall not discriminate against any citizen on grounds only of race, religion, caste, sex, and place of birth.

Article 21: Right to life is one of the most important fundamental rights. Article 21 ensures the security of life and individual freedom to each person and states that no individual will be denied one’s life and individual freedom aside from as indicated by methodology set up by law.

IPC Section 52: Section 52 defines good faith, without due care or attention, nothing is said to be done or believed to be in good faith.

IPC Section 90: Section 90 states that consent is known to be given under fear or misconception- if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequences of that to which he gives his consent; or consent of the child.

IPC Section 304A: Causing demise by carelessness whoever causes the passing of any individual by doing any ill-advised or carelessness act not adding up to at fault murder, will be rebuffed with detainment of either depiction for a term which may reach out to two years, or with fine or with both.

IPC Section 337: Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be rebuffed with detainment of either depiction for a term which may reach out to a half year or with fine which may stretch out to 500 rupees or with both.

How to file a complaint against doctor in India?

· Lodge your complaint to Medical Council of India (MCI). Users can lodge a complaint and send by entering the subject, email address and name along with complaint/feedback description in this form.[ii]

· For immediate action you can file a writ petition under article 226 in the High Court and under article 32 of the Indian Constitution in the Supreme Court.

Latest amendment to protect Doctors:

The Epidemic Diseases Bill 2020, was introduced by Health Minister Dr. Harsh Vardhan in the upper house on Saturday to replace an ordinance issued by the Government in April.

The Union Cabinet had promulgated the Epidemic Diseases (Amendment) Ordinance, 2020, to amend the Epidemic Diseases Act, 1897, to protect healthcare service personnel and property against violence. The bill intends to ensure that during any situation akin to the current pandemic, there is zero-tolerance to any form of violence against healthcare service personnel and damage to property.

After filing a complaint against any customer or patient, offence will be investigated by an officer of the rank of inspector within a period of 30 days, and trial has to be completed in one year, unless extended by the court for reasons to be recorded in writing, the bill proposes. As per its provisions, the commission or abatement of such acts of violence will be punishable with an imprisonment for a term of three months to five years, and with a fine of Rs. 50,000 to Rs. 2, 00,000. [iii]

[i]www.un.org /UDHR

[ii]www.nmc.org.in

[iii] Epidemic diseases bill, (amendment) 2020

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