Introduction
Medical negligence is one of the most sensitive areas of law in India, as it directly impacts the doctor-patient relationship and public trust in the healthcare system. While doctors are expected to exercise a high degree of care and skill, errors or reckless conduct that harm patients may give rise to liability under civil law, criminal law, and consumer protection laws.
Meaning of Medical Negligence
Medical negligence occurs when a doctor, hospital, or medical professional fails to provide treatment that meets the standard of care expected from a reasonably competent professional in similar circumstances, leading to injury, harm, or death of a patient.
The essential elements are:
- Duty of care – The doctor owed a duty to the patient.
- Breach of duty – The doctor failed to act according to the accepted medical standard.
- Causation – The breach directly caused harm to the patient.
- Damage – The patient suffered injury, disability, or death.
Legal Provisions Governing Medical Negligence
1. Civil Liability
- Patients may file civil suits seeking compensation for damages.
- Civil liability usually arises under Law of Torts and the Indian Contract Act, 1872 (in case of breach of contractual obligations).
2. Criminal Liability
Under the Indian Penal Code (IPC), doctors may be criminally liable for gross negligence:
- Section 304A IPC – Causing death by negligence (punishable with imprisonment up to 2 years, or fine, or both).
- Section 337 IPC – Causing hurt by an act endangering life/personal safety (imprisonment up to 6 months or fine up to ₹500, or both).
- Section 338 IPC – Causing grievous hurt by an act endangering life/personal safety (imprisonment up to 2 years or fine up to ₹1,000, or both).
3. Consumer Protection Liability
- Patients are considered consumers under the Consumer Protection Act, 2019.
- Medical services (except free services in charitable institutions) fall under this Act.
- Patients can seek compensation for deficiency in service before District, State, and National Consumer Dispute Redressal Commissions.
- Compensation can range from a few lakhs to crores, depending on the loss and evidence.
4. Professional Misconduct (Disciplinary Liability)
- Under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, a doctor found guilty of negligence or unethical practices can face:
- Warning
- Suspension of license to practice
- Permanent removal from the medical register
Types of Punishments for Medical Negligence in India
- Civil Punishments
- Monetary compensation for damages, pain, suffering, or loss of income.
- Reimbursement of medical expenses.
- Criminal Punishments
- Imprisonment up to 2 years (in cases of death or grievous injury).
- Fine imposed by the criminal courts.
- In rare extreme cases, charges under Section 304 IPC (culpable homicide not amounting to murder) may be invoked.
- Consumer Protection Remedies
- Refund of fees charged.
- Compensation for medical expenses and mental agony.
- Punitive damages in case of gross negligence.
- Professional/Administrative Punishments
- Temporary suspension of practice.
- Permanent cancellation of medical license.
- Reputational consequences and blacklisting.
Contributed by Shruti (Intern )