Doctors play a pivotal role in society by providing vital healthcare support
to the public. Still, they are confronted with various legal risks in their
practice. The doctors and other medical professionals have been assured of legal
protection by the Indian legal system so that they can supply quality healthcare
in the absence of any kind of fear of legal consequences or harassment.
In India, medical professionals are provided legal protection under various
laws, guidelines and regulations. The chief legal framework governing medical
practice in India is the Indian Medical Council Act, of 1956. The above Act
established the Medical Council of India (MCI), which manages the practice of
medicine and medical education in the country.
There are several laws apart from the Indian Medical Council Act, of 1956, that
provide legal protection to doctors in India.
Some of these laws include:
- The Clinical Establishment (Registration and Regularization Act),
2010:
It
controls the working and the registration of clinical establishments which
comprises hospitals, nursing homes etc. It is also concerned with providing
directives regarding patient safety, and the quality of healthcare and even lays
down penalties for disobedience.
- Consumer Protection Act, 2019:
It protects the consumer from any unfair
trade practices and the sale of flawed goods and services. Further, it provides
compensation to the aggrieved individual in case of any harm caused as a result
of the use of any goods or services.
- The Drugs and Cosmetics Act, 1940:
It controls the sale, manufacture and
distribution of drugs and cosmetics in India. In addition, it lays down the
guidelines for the standards of quality, efficacy and safety of drugs and even
prescribed punishment for any act inconsistent with its provisions.
- The Medical Termination of Pregnancy Act, 1971:
It provides for the
termination of medical pregnancy under certain circumstances. This Act is very
crucial concerning the protection of doctors as it gives legal protection to the
doctors who carry out abortions in conformity with this act.
Doctors in India face numerous challenges when it comes to legal objections.
These challenges can be daunting and overwhelming, but they must be overcome to
ensure the best care for patients. Doctors must be equipped with the knowledge
and resources necessary to navigate the legal system and handle any objections
that may arise.
With the proper support and training, doctors can confidently
provide top-quality care to their patients while also protecting themselves
legally. Although these challenges can be difficult, they are a necessary part
of the healthcare system in India and must be addressed to provide the best
possible care to patients.
Despite various safeguards and legal protection provided to the doctors, they
still face numerous legal objections and warnings in the practice.
These legal
objections include:
- Medical Negligence:
It is the improper treatment of the patient by the doctor. The doctors are
charged with medical negligence for several reasons which may include wrong
diagnosis, delay in diagnosis, error in surgery, unnecessary surgery, errors in
the administration of anaesthesia, childbirth and labour malpractice, long-term
negligent treatment etc. The negligence of the doctor to provide reasonable care
to the patients give rise to medical negligence.
- Criminal Charges:
The doctors can also face criminal charges for medical negligence, fraud, or
other offences. Medical practitioners can be charged under sections 304-A, 337
and section 338 of the Indian Penal Code, 1860. Thus, they can be punished with
imprisonment for a term, with a fine, or both.
- Harassment and Violence:
Medical practitioners and doctors also face the risk of harassment and violence
from patients and their relatives. This would result in physical injury, mental
agony and a fall in reputation.
Applicable Case Laws
Various case laws in India give legal protection to doctors. One of the most
noteworthy cases is the case of
Dr Laxman Balakrishnan Joshi V/s Doctor
Trimbak Bapu Godbole[1]. This case observed that there should be a
reasonable duty of care shown by the doctor towards their patients. Practical
skills must be exercised for the treatment of the patient. The court held that
failure to exercise reasonable skill and care in the treatment of the patient
would attract criminal liability under medical negligence.
In the case of
Indian Medical Association V/s V.P. Shantha (1996)[2], it
was held by the Supreme Court of India that doctors cannot be held liable for
medical negligence in cases where they have exercised due care, applied
reasonable skill and followed accepted medical practice for treating their
patients. The doctors cannot be held liable in this regard unless it is proved
that they have deviated from the standard procedure of treatment.
Conclusion
Legal protection must be provided to the doctors and medical practitioners who
are practising in India. This issue must be addressed appropriately. It is
critical to ensure that doctors can provide medical treatment to patients
without any fear of violence, harassment or any legal punishment. Several laws,
regulations and guidelines provide legal protection to doctors in India.
On the contrary, doctors still face legal objections and risks in their practice
such as criminal charges, medical negligence, penal provisions and harassment.
The doctors must be conscious of their rights and duties to provide the best
possible medical care to the patients while safeguarding themselves from legal
repercussions.
End-Notes:
- 1969 AIR 128, 1969 SCR (1) 206
- 1996 AIR 550, 1995 SCC (6) 651
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