There is a widespread belief in the entire world, that Doctors are the agents of God. The profession’s fundamental aim is to save the life of a particular individual and no love is greater than the love for survival. The Medical Practitioner’s instinctive accuracy is their primary concern and any deviation invites catastrophic contingencies.
Medical Negligence in the literal sense can be stated as the doctor’s recklessness leading to a patient’s death or severe health problems. The law says that prior consent from the patient before conducting any medical examination or therapeutic treatment is of paramount consideration. The doctor should be careful before taking any case which is basically out of his expertise. The relationship between a patient and doctor is contractual but any negligence on the part of the practitioner makes him liable under Torts.
It needs to be understood that surgery can be performed without the consent of the patient during an emergency but an unsuccessful surgery never completes the essentials of negligence. It just raises a question of negligence and the test of reasonableness and general prudence only determines the actuality of the occurrence.
In the cases of Dr. Laxman Balkrishna Joshi v. Dr. Trimbark Babu Godbole and Anr., AIR 1969 SC 128 and A.S.Mittal v. State of U.P., AIR 1989 SC 1570, it was established that when a patient consults a doctor, the doctor owes the patient certain duties, A duty of care is owed when determining whether to take on a case, a duty of care is owed when determining what treatment to administer, and a duty of care is owed when administering that therapy.
Bolam v. Management Committee of Friern Hospital (1957), the Bolam test, which is a common guideline for determining the acceptable standard of reasonable care in negligence situations involving qualified professionals (like doctors), is established in the case 1 WLR 582. The threshold that must be met under this test—even if others have different opinions—must be in conformity with a responsible body of opinion where the defendant has claimed to have above-average talents and abilities. In other words, according to the Bolam test, “a doctor is not negligent if he meets the standard of a responsible body of medical opinion.”
The Role Of Consumer Protection Act
Consumer protection Act is playing a quintessential role by providing deterrent sanctions. The patients are the consumers and it’s the duty of the medical units to take reasonable care. The principle of ‘Stare Decsis’ is followed particularly while dealing with cases of reckless omissions on the part of Medical Practitioners. The legal education system in India is playing a huge role in narrowing the gap between so called ‘Mainstream’ and ‘Backward’ India.
The legal study in West Bengal is at boom, and private law colleges in West Bengal are organizing legal awareness programs to educate the less privileged about their rights. Life can’t be equated with the business but ironically the stats are not ideal. The money minters are the real powerhouse holders and the law is under a corrupted hand that barrages the whole regulation mechanism system. The law needs to win and for that awareness is the first step toward an ideal path.