A brief analysis on Medical Negligence Nancy Namdev Legal Article Thu, Mar 09, 2023, at ,09:40 AM INTRODUCTIONThe phrase "medical negligence" combines two terms. The second word alone adequately captures the idea of negligence, which is an act committed carelessly by one person that causes another person to suffer predictable losses. In tort law, the IPC, the Indian Contracts Act, the Consumer Protection Act, and many other statutes, negligence is a crime. Medical negligence, in its simplest form, refers to conduct by a medical professional or doctor that results in a breach of their obligations and injury to the patients who are their consumers. A professional is considered to at least be an expert in that subject; a patient receiving treatment from any doctor undoubtedly expects to recover and at the very least expects the doctor to exercise caution while performing his duties.The explanation of negligence under various laws, professional negligence, medical negligence, and historic as well as recent cases in India are the main topics of this article. This gives details on the potential liabilities that the sufferer of medical misconduct may face. It attempts to inform readers on the subject in order to raise as much awareness as possible. Medical malpractice can occur in a variety of situations, including when reasonable care is not exercised during procedures, diagnosis, child delivery, anesthesia-related concerns, etc. We will restrict ourselves to comprehending the fundamental ideas that are necessary for negligence to be committed because this field is so extensive. MEDICAL NEGLIGENCEMedical malpractice, sometimes referred to as medical negligence, is when a doctor, dentist, nurse, pharmacist, or other health care provider treats a patient improperly, carelessly, or negligently. When a healthcare professional deviates from the accepted "standard of care" when treating a patient, it is considered medical malpractice. The phrase "standard of care" refers to what a medical professional who is reasonably prudent would or would not have done in the same or similar situations. It is considered an unreasonably threatening behaviour because, first, the actor knew or should have known that doing so would put another person at risk of injury, and second, the perceived risk was so great that the actor should have taken precautions.Medical errors or negligence can result in mild or severe injuries, and in certain cases, these types of errors can even result in fatalities. Since no one is flawless, it stands to reason that even someone who is knowledgeable and experienced in a given field may make mistakes while practising. Human error is inevitable, but to repeatedly make the same error due to carelessness is negligence. The primary cause of medical mistakes or medical negligence is the negligence of the treating physicians or other medical staff. This can be seen in numerous situations where reasonable care is not exercised during the diagnosis, during procedures, sometimes even when administering anaesthesia, etc.For instance, a patient who has undergone a difficult operation is more susceptible to have numerous diseases as a result of specific factors, such as blood loss, frailty, or taking excessive doses of medication. Pre-medication for several infectious disorders is expected as standard care from the doctor in due course. A doctor is said to have engaged in medical malpractice or carelessness if they fail to do so and the patient develops an infection that can be very harmful or even fatal in extreme circumstances.ESSENTIALS Doctor’s Duty to attend to a patientIf a specialised doctor neglects to care for a patient who has been admitted to a hospital's emergency ward and the patient dies, the doctor may be required to pay damages. The petitioner's son, Ashim Saha, was injured in an accident while travelling by scooter from Agartala to Udaipur in Sishir RajanSaha v. The State of Tripura. He was checked into the G.B. Hospital in Agartala's emergency room. Dr. P. Roy, the senior specialist, wasn't present in the hospital. He received frequent calls to take care of the sufferer. He neglected to visit the hospital to care for the accident victim because he was too busy caring for his private patients. Ashim Saha passed away from his wounds. Dr. P. Roy was ordered to pay Rs. 1,25,000 as restitution for the deceased's passing. All government hospitals received instructions on how to improve their medical offerings.COMPONENTS OF MEDICAL NEGLIGENCEIt is crucial that we carefully examine these elements in order to comprehend the precise definition of medical negligence since only after doing so will we be able to comprehend the legal remedies that are available to us.1. Existance of Legal Duty:The second party is under an implied legal obligation to exercise due diligence and is expected to act at least in the manner that is expected in the ordinary course from his contemporaries whenever a person approaches another believing him to possess certain skill, or special knowledge on a given problem. So, it is not true that a legal obligation can only be a contractual one.Such a person would be considered negligent if they neglected to perform a duty that was incumbent upon them. Although a patient does not explicitly sign a contract when he seeks treatment from a doctor for his ailments, there is an implied agreement that any improper care can make the offending party liable for breach of professional duty.2. Breach of Legal Duty:If the person using the talent does something that an ordinary man would not have done or fails to do something that an ordinary prudent man would have done in a similar circumstance, there has definitely been a violation of legal duty.The requirements shouldn't be extremely high or anything else; rather, they should be of a relative kind that is consistent with what is often anticipated of a person receiving care.3. Damage caused by the Breach:The wrong, the harm brought on by such negligence, is subject to monetary compensation, and the courts use well-established principles to determine the precise liquidated amount. We must keep in mind that there are no absolute, universally applicable laws. The consumer forum must consider all pertinent considerations when deciding on compensation and base its decision on generally understood legal principles of moderation. The consumer forum will determine whether the awarded compensation is reasonable, fair, and appropriate given the particular facts and circumstances of the case.LIABILITY Depending on the harm or suffering the injured person has incurred, the person who committed the wrong may be liable in one of three ways:1. Civil Liability:Often, civil culpability involves the demand for restitution for any losses incurred. The hospital or the medical practitioner is held vicariously accountable for any wrongdoing if there is any breach of the duty of care while operating or while the patient is in their care. and are responsible for compensating victims for their losses. The actions of the junior doctors are occasionally even made the senior doctors vicariously liable for them.When a hospital employee causes harm to a patient by acting carelessly, the institution is held accountable. In other words, the hospital is responsible for any harm caused to the patient if the staff is careless (does not use reasonable caution when treating or interacting with a patient). In Mr. M Ramesh Reddy v. State of Andhra Pradesh, the hospital administration was found responsible, among other things, for failing to keep the restroom clean, which led to a patient's death after she fell in the bathroom while receiving care for obstetrics. One lakh rupees ($1,000) in damages were given to the hospital. 2. Criminal Liability:When a patient dies during treatment, a criminal complaint may be brought under Section 304A of the Indian Criminal Code on the grounds that the patient's death was caused by a hasty or careless action. S. 304A of the IPC states that anyone who kills another person by reckless or irresponsible behaviour that does not constitute culpable murder shall be penalised with up to two years in prison, a fine, or both.Hospitals may be held accountable for spreading infections like HIV and HBsAg. If a patient contracts such an infection while receiving treatment at the hospital and it is established that this was due to hospital negligence, the hospital may be held accountable for breach of a reasonable duty of care. Doctors' incompetence led to the death of my own grandma. Owing to the doctor's negligence, who was in a rush to do his next surgery, he neglected to sanitise the equipment, which allowed an infection to enter her bloodstream, spread throughout her body, and finally led to her death.CONCLUSIONAlthough it is not implied that doctors are careless or reckless, many practitioners frequently fail to uphold their duties to the patient when performing tasks that call for a lot of patience and consideration. Setting up a world that can help people with diverse disorders is necessary for medicine, one of the greatest professions. Many doctors, even specialists, occasionally forget to take attention of little details when practising, which can lead to patient harm that could have been avoided or even patient death.Instead of include this kind of professional negligence in other laws or statutes, more attention needs to be paid to it. To control the misconduct, a separate and distinctive legislature must be established. The highest compensation award in the nation is this one. In order to address the wrongdoings of medical professionals and doctors, several activists and those who have experienced medical negligence have made claims.The law must be made applicable to all professionals working in fields requiring a minimum level of ability and care, not simply those in medicine. Individuals in our country are already victims of numerous ailments and are losing their lives as a result. Let's work to reduce these fatalities and concentrate on improving the profession so that patients do not pass away while seeking treatment.REFERENCES1. Dr. P. Narsimha Rao v. G. Jayaprakashu, AIR 1989 A.P. 207, at 2152.http://www.nolo.com/legal-encyclopedia/medical-malpractice-patients-sue-hospital-negligence-30189.html3. http://www.lawyersclubindia.com/articles/Criminal-liability-for-medical-negligence-a-drastic-change–1713.asp#.VdNy-LKqqko4. 2015 STPL(Web) 1239 SC5. A.I.R. 2002 Gauhati 102.