Recent legal aspects of medical negligence

Abstract

In spite of following one of the best management strategies, by the competent doctors with best available infrastructures in patient care, undesired results harming the patient cannot be avoided. Does it mean all these undesired results causing damage to the patient are as a result of medical negligence? Nowadays, patients are more aware of their rights on account of increased literacy level, role of print, electronic and social media and above all enactment of new law i.e. Consumer Protection Act 1986.Though the question of medical negligence is decided by Courts, but Courts on their own are not trained in medical science. Their decision is based on expert’s opinion. Judges apply the basic principle of law in conjunction with the law of land to make a decision. Reasonableness and prudence are the guiding factors. This paper deals with the legal aspects of medical negligence i.e. what is negligence and its type and various judgements especially the Jacob Mathew vs. State of Punjab 2005 and Anr, Martin F.D’Souza vs. Mohd. Ishfaq 2009, V. Kishan Rao vs. Nikhil Super Specialty Hospital 2010 delivered by the Apex Court to make the law of negligence more rational and directions given to subordinate Courts, various Consumer Fora, State and investigating agencies regarding procedures to be followed before filing a complaint or registering a case of criminal negligence against the doctor.