MEDICAL MALPRACTICES IN INDIA

MEDICAL MALPRACTICES IN INDIA: A SOCIO-LEGAL ASPECT

A privilege to introduce a write-up from one of the Top law colleges for the LL.B degree course, MIES R M Law College, Kolkata, one of the best law colleges in Bengal. An article on “Medical Malpractices in India: A Socio-Legal Aspect” was written by Mr.Pritam Mukherjee, a faculty member of this excellent law college. MIES R M Law College is one of the top law colleges in West Bengal, situated at Sonarpur, South Kolkata.

MIES R M Law College, Kolkata has completed many years of its glorious journey in the field of law education. The College (Under the MIES R M Foundation Trust) has a highly qualified and competent team of faculty, enormous world-class infrastructure, and facilities most conducive to academic pursuit, along with its remarkably successful campus placements the student-friendly environment. MIES RM Law College is one of the best legal education providers in India under Vidyasagar University, West Bengal, and approved by the Bar Council of India.

Medical Malpractice is a social curse with respect to MEDICAL MALPRACTICES IN INDIA

Abstract: Medical Malpractice is a social curse in the contemporary period in India. The medical treatment provides life, and the question of life and death has been involved in this regard. Medical Negligence is a result of human suffering in their health and as a result, death can occur. Doctors and Medical Staff are socially bound to provide a good and healthy treatment facility. The government of the Nation is also liable to take over their duties in this perspective and they cannot avoid their responsibilities.

HISTORICAL AND CONCEPTUAL OVERVIEW

“Health is Wealth.”- this phrase is very much significant in human life and human society. Good health indicates a fresh mind and the activeness of everyday life. Treatment as well as ‘Medicine’ is the most important remedy for any deceases and good treatment can give life to our society.

                        In the Vedic era also the concept of Medicine and the treatment of disease is a science in India. The ancient Indian medicine, it was Brahma, the secondary creator of the universe, who propounded the knowledge of Ayurveda, a Upaveda of the Atharva Veda. When it comes to the development of medicine from the times of ancient India, there are two major areas, which are Kaya Chikitsa, or the science of general medical treatment, especially of the body, and Shalya Chikitsa, or surgery.[1]

The pick phase of the development of Medical Science

                        In 20^th Century and 21^st Century, the pick phase of the development of Medical Science and treatment process. This rapid growth of medical science was the blessing of God in Human Civilization. But every user has a mala fide or misuse in our society. Medical science was not an exception to such a rule. Medical Negligence is part of the negative side of treatment and medicine.

Very often the doctors, nurses, and quasi-medical staffs make negligence in their treatment and the common people are suffering from them. Negligence means carelessness or abstaining from doing something which should have been done by a person from his/her position. In medical science or treatment, such duty or responsibility is too much essential because the question of life and death is involved in this profession.

Right to receive good treatment from medical professionals

Each person has a right to receive good treatment from medical professionals with due care and responsibility. It is the fundamental right of each person. Despite that, they are victimized by medical professionals and various medical institutions. Law ipso facto is a protection for the common people and when medicine and treatment are matters of right there must a remedy for the common people (Ubi jus ibiremediumi.e., where is a right there is a remedy).

There are two types of remedies under Indian Law for Medical Negligence. One is the Civil Remedy i.e. The Consumer Protection Act, 1986 (guided by the principles of Negligence under the Law of Torts), and another under Sec.80,88 and 304A (10) of the Indian Penal Code, 1860 which is the criminal one.

Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.

SOCIO-LEGAL PERSPECTIVE UNDER THE LIGHT OF JUDICIARY

Law and Society are very much related to each other. Basically, Law makes for society and common people. The main objective of the law is the betterment of the interest of the common people and social acceptance.

Medical issues are not exceptions to the above-mentioned concept. Law relating to Medical Science has come to resolve medical disputes and fight against Medical Malpractices. Social norms should be attached to the medical profession. Medical practitioners are socially liable to serve their best for the patients. Their service towards the patient is equivalent to social service. Medical practitioners are personally and socially answerable for their duties. Medical malpractice/Negligence is absolutely a social curse.

Not Medical Practitioners but also the quasi- medical staffs have their duties toward the patients as well as towards society.

                                                 In this regard, it should be mentioned that not only the legislature but also the judiciary plays a very significant and important role in India. Judiciary is the pillar of ultimate faith and belief in front of the common people. Especially when the question of life and death has been involved in this regard. Some judicial decisions regarding medical negligence cases were the pathfinder of the future society in India. Specifically, Dr. Kunal Saha’s case in Kolkata, West Bengal, Dr. Shraboni Sen Joha’s case, etc. were the landmark decisions of the judiciary regarding compensation to the parties who had suffered by the medical practitioners.

Justice is the main goal and fruit of Law

On other hand, it is obvious that Justice is the main goal and fruit of Law. The term ubi jus ibiremediumi.e, where is a right there is a remedy ensures the legal remedies for infringement of legal rights-this is the main objective of the study. If common people deprive of good and healthy treatment. Then the only way in front of him is to go to court for compensation or remedies which ensure Justice. Justice is a social balance that should be implemented in the field of Medical malpractice otherwise the entire society will be suffered from this. Justice delivering system should be more precise and stricter in the case of Medical malpractice. And doctors and medical staff cannot be escaped from the hand of law as well as Justice if they have done negligent work.

CONCLUSION

Good health indicates a fresh mind and the activeness of everyday life. Treatment as well as ‘Medicine’ is the most important remedy for any deceases and good treatment can give life to our society. Law and Medical Science, in India, have come together after certain negligent cases by medical practitioners and hospitals. Law and Society are very much related to each other. Basically, Law makes for society and common people. The main objective of the law is the betterment of the interest of the common people and social acceptance. Our dream is a healthful society that can be provided by only ethical Medical Practitioners and their good services.

     We assure you that you are stepping into the right place as we are one of the Law colleges in South Kolkata which provides legal help to the downtrodden people of society and we also take extra care of our academically poor students.

Law and Medical Science, in India

Law and Medical Science, in India, have come together after certain negligent cases by medical practitioners and hospitals. The Consumer Protection Act, of 1986 was a result of huge medical malpractices in India, no doubt that was a pathfinding legislative drafting in Indian Society. Not only the Consumer Protection Act, of 1986 but also there are several legislative drafting is there for the protection of common people from medical malpractices.