Every person has got a duty to behave in a responsible manner and also perform his work as a prudent person with reasonable care. Medical people are also expected to show the care and skill not as a layman but as a member of his class. Such a person when consulted by a patient owes him certain duties – viz.,

(i) First of all he has got a duty of care in deciding whether he can take up that case;

(ii) A duty of care in deciding what treatment to give; and

(iii) A duty of care in the administration of treatment.

If a breach of any of these duties are committed by the doctor, then patient has a right to sue against the doctor for the act of negligence i.e., medical negligence. The doctor must carry out his task with reasonable degree of skill and knowledge and must also exercise a reasonable degree of care. In context of medical treatment, negligence calls for treatment with difference. A doctor can be held liable for his negligence on either of two findings – one, he did not possess the skill which was prerequisite for the treatment or second, he did not exercise with reasonable competence the skill which he possessed.

FORMS OF MEDICAL NEGLIGENCE

Medical malpractice can manifest itself in a variety of ways. In most cases, it occurs when a medical professional fails to meet the required standard of care. As a result, any variation from established medical and care guidelines is considered medical negligence, and if it results in damage to a patient, the doctor who treated on him, other employees, and/or the hospital may be held accountable.

Some of the common examples of medical negligence[1] are;

• Erroneous analysis – The diagnosis is the initial step after admission to a hospital, clinic, or medical room, for example. Correctly diagnosing symptoms is vital to providing medical care to any patient. However, if a patient is not adequately treated as a result of a diagnosis error, the doctor may be held accountable for any additional injuries or damages incurred as a result of the incorrect diagnosis.
• Holding up of analysis – If another doctor could have fairly diagnosed the same problem in a timely manner, a late assessment is viewed as medical malpractice. If the sickness or injury is allowed to worsen over time rather than being treated, a delay in diagnosis might cause unnecessary harm to the patient. Obviously, any delay in identifying and treating an injury can diminish the patient’s chances of recovery.
• Fault in operation – Surgical procedures necessitate a high level of skill and should be performed with precaution and attention because even minor errors can have serious consequences for the patient. Inaccurate operations, bruises of any internal organ, major internal bleeding, or the presence of an alien item in the patient’s body are all examples of operational error.
• Needless operation – Unwanted operation is often linked to a misunderstanding of a patient’s condition or a professional choice taken without enough evaluation of other alternatives or dangers. Alternatively, when compared to other options, surgery is sometimes preferred over traditional treatments due to its efficiency and convenience.
• Mistakes in the delivering of sedative– Sedation is a dangerous aspect of any major surgical procedure, and it must be administered and monitored by an expert.  Previous to any surgical operation involving sedative, the expert must assess the medical situation, health records, prescriptions, and other factors to determine the best course of action. Even during the pre-operation medical examination or during the treatment itself, anaesthesia misconduct can occur.
• Delivery and labour dereliction – Pregnancy is a stressful experience for a lady, and it is made considerably more painful if the healthcare professionals do not handle it appropriately. Medical malpractice during delivery can take numerous forms, including mismanagement a difficult birth, difficulties with induced labour, misunderstanding of an infant medical issue, and so on.
• Long-term improper medication — Over the course of a long treatment phase, medical negligence can manifest itself in insidious ways. Typically, the carelessness takes the form of a failing to observe up on therapy or a doctor’s failure to adequately observe the treatment’s effectiveness.

[1] Mathiharan Karunakaran. “Supreme Court on Medical Negligence.” 2 ECONOMIC AND POLITICAL WEEKLY, 111(2006): http://www.jstor.org/stable/4417666.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge