Medical negligence refers to a breach of the legal duty of care owed to you by healthcare professionals, consequently causing physical or mental damage. In such situations the law allows a patient to launch a case against negligence. Various situations arise due to Medical negligence and law in India ensures the safety of such victims.
Below are the 5 commonly known types of medical negligence in India:
Medical Misdiagnosis
A wrong or inappropriate diagnosis can lead to unforeseen circumstances in a patient’s life. Medical misdiagnosis falls into two main categories:
- When a condition is completely missed and it remains undiagnosed, and
- When an incorrect diagnosis is made
If a doctor fails to deliver proper treatment or provides incorrect treatment the law encircles that both the incidents are potentially life-threatening.
Surgical Negligence
Although, medical science has evolved with time mistakes happen occasionally. Certain surgical negligence types are serious and can cause severe damage to an individual.
Under Surgical Medical Negligence, incidents like surgery in wrong body parts, retaining of foreign objects in the patient’s body, etc.
Below are the common types of Surgical Negligence:
- Performing the wrong operation
- Operating on wrong body parts
- Leaving foreign objects in the body
- Perforated organs
- Scarring or disfigurement of the skin due to cosmetic surgery
- Infection due to poor hygiene
Prescription and Medication Errors
Thousands of prescriptions are written and dispensed every day; while the majority of these are processed accurately errors may occur in certain cases. This may lead to wrong medication, incorrect dosage, which may have grave consequences including brain damage, allergies, digestion issues, psychological illness, and even death may happen in certain cases.
Prescription or Medication Error Negligence Claims
- Prescribing or giving incorrect medication
- Wrong dosage or timing
- Prescribing wrong Medication combination
- Recommending medication that is known to be allergic to the patient
Negligent Medical Advice
Medical professionals have the obligation to advise a patient on the risks of medical procedures and the available alternative options. It helps an individual make an informed decision on whether they want to undergo a particular treatment procedure or not. In case the Medical professionals do not provide proper advice or if something goes wrong due to their action or inaction, then you can claim medical negligence compensation.
Pregnancy and Birth Injuries
On average, under 5 births happen every second worldwide. However, most of these births happen without any problems. If anything goes wrong it would have some devastating impact on both the baby and the mother.
Some Common Birth Injury Compensation Claims
- During Pregnancy: Maternal or Gestational Diabetes, Pre-Eclampsia, Uterine Rupture & Placental Abruption and Wrongful Birth Caes such as failed sterilization or vasectomy, parents are not informed about child’s special disability.
- During Labour: Cerebral Palsy, Second or Third Degree Tears, Episiotomy, Erb’s Palsy, Brachial Plexus Injuries, and Ventouse or Forceps Delivery
- After the Birth: Congenital Hip Dysplasia
What Law Says?
If you have suffered an injury due to medical negligence then you can put a case against medical negligence. According to the law, the Constitution has Article 21 and Article 32 which stand in support of the victims of medical negligence and helps ensure the safety of citizens.
Can patients launch action against medical negligence in India?
Yes, the constitution of India allows its citizens the right to life and the right to good health. Here are the Articles of the constitution dealing with the right to life and right to constitutional remedies which helps individuals seek justice:
As Per Article 32
It provides the right to Constitutional Remedies. It means a person has a right to move to the High Court or the Supreme Court in the protection of their fundamental rights. To seek remedy for medical negligence one can file a suit under Article 32 of the medical negligence laws in India.
As Per Article 21
Our constitutional provisions guarantee the best standards of physical and mental health to its citizens. It includes:
- Right to life and personal liberty to every citizen
- Right to live with human dignity under the protection of health
- With the right to health and the right to life, the government is responsible for health facilities
- In case of refusal by the government hospital to provide treatment, it is a violation of the patient’s right to life. The court also supports the state’s responsibility to maintain health services.
In Conclusion
However, if a doctor has dutifully rendered their services and something goes wrong even after their complete care and support, it would not be a case of medical negligence. Even in the cases of free treatment by the doctor the liability doesn’t rest on the doctor as far as it is unintentional and unforeseen. For more understanding and to get expert support on your medical negligence case you can feel free to connect with our experts.
