Professional misconduct in Healthcare law

Abstract

Professional misconduct in healthcare law refers to unethical or negligent behavior by medical practitioners that violates legal and professional standards. Such misconduct includes malpractice, breach of patient confidentiality, falsification of records, and violation of consent norms. The consequences can lead to disciplinary actions, civil liability, and even criminal prosecution. Healthcare law ensures accountability and protects patients’ rights by enforcing ethical medical practices. Strengthening awareness and regulation can reduce professional misconduct and enhance public trust in the healthcare system. This article examines legal frameworks, case studies, and preventive measures to uphold integrity in the medical profession.

Introduction

Professional misconduct in healthcare law refers to any act or omission by a medical professional that is considered dishonorable, disgraceful, or in violation of professional ethical codes. Such misconduct encompasses various forms of behavior, including patient-related misconduct such as improper association or adultery, administrative failures like issuing false certificates or neglecting record-keeping, and professional overreach, such as fee-splitting or ordering unnecessary tests. When such acts occur, disciplinary actions may be taken by medical councils, which can include temporary suspension or permanent removal of the practitioner’s name from the medical register.

The significance of professional misconduct in healthcare law lies in its direct impact on patient safety, professional accountability, and public trust. It plays a crucial role in maintaining the integrity of the healthcare system and ensuring that patients receive ethical and competent care. Misconduct can pose severe threats to patient safety, potentially resulting in physical harm, complications, or even death, thereby necessitating strict legal and professional oversight.

It also serves as a mechanism for holding healthcare professionals accountable through disciplinary actions, which may include license suspension, restrictions on practice, or permanent disqualification. In severe cases, misconduct may lead to criminal charges and financial penalties. Furthermore, professional misconduct undermines public trust, damaging the reputation of both individual practitioners and healthcare institutions. By enforcing ethical and legal boundaries—such as maintaining confidentiality, truthful documentation, and patient care obligations—healthcare law deters malpractice and promotes a culture of safety, ethics, and accountability.

Medical professionals are bound by both ethical and legal responsibilities. Ethically, they must prioritize the well-being of patients, maintain confidentiality, obtain informed consent, practice honesty and integrity, and treat all patients with fairness and respect. They are also expected to collaborate professionally with colleagues and uphold the dignity of the profession. Legally, they must comply with all relevant laws and regulations, including those related to public health, patient reporting, and medical procedures. This includes mandatory reporting of notifiable diseases, births, deaths, and suspected poisoning, as well as cooperating with public health authorities. Healthcare professionals must also adhere to the accepted standard of care, as deviation from it can amount to medical negligence.

There is a significant overlap between ethical and legal responsibilities in healthcare. Many legal duties stem from ethical principles; for instance, ‘confidentiality is both a moral and legal obligation.’ Ethics often guides professionals in areas where laws may not be explicit, such as emerging medical technologies or end-of-life decisions. In some cases, evolving ethical standards can even shape and influence the development of new laws. Together, ethics and law form a framework that supports moral decision-making and ensures accountability within the complex field of healthcare practice.

Legal Frameworks and Provisions

Professional misconduct means any act or omission by a doctor that violates the professional ethics or brings disrepute to the medical profession. If a doctor commits such misconduct, they become liable for disciplinary action by the concerned State Medical Council or Medical Council of India.

Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 deals with the acts considered professional misconduct by a doctor or physician.

Chapter 7 – Acts of Misconduct

Chapter 8 – Disciplinary Procedures

• Section 8.1: Even unlisted offences can be treated as misconduct.
• Section 8.2: Complaints can be filed with the Medical Council; punishment includes suspension or removal from the register.
• Section 8.3: Temporary suspension can be lifted after the penalty period.
• Section 8.4: Complaints must be decided within six months.
• Section 8.5: Practice may be restricted during investigation.
• Section 8.6: Professional incompetence judged by peers.
• Section 8.8: Right to appeal within 60 days to MCI.

Consumer Protection Act, 2019 and Professional Misconduct

The Consumer Protection Act, 2019 safeguards the interests of consumers and ensures fair practices by service providers, including medical professionals. When doctors provide paid services, patients are treated as consumers under the Act. If a doctor acts negligently or unethically, the patient can seek legal remedy.

According to Section 2(11), ‘deficiency’ means any fault, imperfection, or negligence in the quality or manner of service. Hence, a careless or dishonest act by a doctor amounts to professional misconduct and deficiency in service.

Punishments as per Bharatiya Nyaya Sanhita (BNS), 2023

• Section 106: Causing death by rash or negligent act – up to two years imprisonment and fine.
• Section 124: Doctors must treat acid attack victims immediately; delay is misconduct.
• Section 125: Rash or negligent acts endangering human life are punishable.

Landmark Case Laws

Jacob Mathew vs State of Punjab (2005) 6 SCC 1

This landmark judgment distinguished between civil and criminal negligence. The Supreme Court held that a doctor is criminally liable only if there is proof of gross negligence. It adopted the ‘Bolam Test’, which states that a doctor is not negligent if acting according to accepted medical practice.

Indian Medical Association vs V.P. Shantha (1996 AIR 550)

This case clarified that medical services fall under the scope of the Consumer Protection Act, 1986. The Court ruled that paid medical services are considered “services” under the Act, making doctors legally accountable for negligence. Free services, however, are excluded.

Impact on Patients and Society

Professional misconduct affects not just individuals but society as a whole. It erodes trust, causes physical and emotional harm, and leads to financial and legal consequences. Loss of faith in the healthcare system discourages patients from seeking timely care, reducing public health outcomes.

To rebuild trust, ethical awareness, transparency, and accountability must be strengthened. Continuous training, grievance redressal systems, and strict monitoring are essential to uphold integrity in the profession.

Conclusion

Professional misconduct in healthcare not only undermines the dignity of the medical profession but also endangers patient trust and safety. The ethical and legal duties imposed on healthcare professionals aim to preserve this trust and ensure accountability.

To safeguard patient welfare, strict enforcement of professional standards, ethical training, and transparent disciplinary mechanisms are essential. The goal should be to promote integrity, compassion, and responsibility among healthcare professionals to maintain the nobility of the profession.

Written By:

• Kherin Trufina A – SASTRA University
• Hamsa Nandhini K – SASTRA University