The Urgent Issue Of Medical Negligence
A Medical practitioner renders great service to the society. A doctor is given a place next to God because if God gives us life then a doctor saves it. A doctor needs a certain amount of technical skills, scientific knowledge, and understanding. The practitioners provide a unique service to their peers, who use their skill and knowledge with insight, compassion, valour, and follow the principles of medical ethics, and build goodwill and a lasting character for themselves. From the very beginning, the family doctors were considered to be guide and a friend, to the sick. A doctor provides his patient with a sense of safety as they share a holy relationship. The very base of this relation is mutual faith and trust, and it is not the acquisitive.The Urgent Issue Of Medical Negligence
It is considered to be the noblest profession. Doctors are considered visible gods. They give life to people who are to suffer from various diseases and injuries. These are the people you trust and patient who has addressed a doctor with a disease thinks that he is the right one, someone who can heal him. They put in so much of confidence while approaching a practitioner. Simultaneously, doctors have a duty to perform his obligation with due care. But the doctors are also human beings and hence may commit mistakes.
Negligence can usually be defined as guilty behaviour because it does not correspond to what a reasonable person would do to protect another person from foreseeable risks of harm. Medical negligence is a complex issue because medical treatments are inherently risky. Medical treatment always involves the fundamental risk that something will go wrong. In addition, the human body of patients may respond differently to the same treatment. There are cases in which patients are harmed because of their treatment or absence or even delay. In order to prove medical negligence, the injured patient must be able, to the satisfaction of the court, to determine that:The Urgent Issue Of Medical Negligence
- The doctor owes him a due diligence.
- The doctor has violated his duty.
- The patient has suffered damage.
- The conduct of doctor was the immediate and direct cause of the damage.
Consumers are a very powerful group and legislators by the enactment of the Consumer Protection Act, 1986 have armed every consumer and consumer Associations with the right to seek quick, inexpensive and effective remedies that turn out to be very popular and effective, leaving a number of judgments and decisions by which so many of us have benefited from.The number of cases of negligence in medicine has increased over the years. The complaints are increasing at a rate of 15 to 20%. This is bad news at a time when the incidences of lifestyle-related diseases are increasing. The irony is that health insurance has never been so requested. The market for new policy increases annually by 20 to 25%. About 25 million people now have health insurance.The Urgent Issue Of Medical Negligence This market has attracted more than 20 general insurance and medical companies. In government hospitals the main reason for medical negligence is the insufficiency of doctors. As per World Health Organization (WHO) the ratio of doctors in India in the year of 2017 was as low as 1:1000. Shortage is not limited to only doctors it exists at all levels which includes specialists, nurses and paramedics. Medical Council of India (MCI), the agency created to regulate medical education and practice failed on many fronts despite good intentions. Now a day, the medical profession is marketed. Practitioners Use deceptive methods to attract and reach innocent patients money. Some doctors suggest that their patients undergo various tests, including one certain laboratory, which are useless indeed. There can be unethical agreements between this lab and the doctor. And other doctors prescribe more medicines than needed to be purchased from a particular medical store. There may be some agreement between the doctors and the pharmaceutical companies as well for prescribe their product. The medical profession is a noble profession and it should not be reduced to the level of a simple company. Many doctors in India today (But not all) became completely worried about their money and forgot theirs the oath of Hippocrates. Since most people in India are poor, medical treatment is beyond that their reach.
Lots affected are especially low-income patients. Because of their poor economic situation, they could not take care of the injury caused by negligence. Doctors often go about their negligence because of the ignorance of the patient regarding medical knowledge and inaccessibility of evidence. As reported incidents are very low, all these situations are favourable for doctors and Medical practices of companies.The Urgent Issue Of Medical Negligence
Moreover, Civil Courts and Consumer Forums are not experts in the medical sciences. This leads to problems in deciding on cases of medical negligence and they have to depend on a specialist to formulate their own opinions.This is true that the medical profession is marketed to a large extent. But the whole thing medical community cannot be held responsible for losing its integrity and competence because of some bad professionals. For example, even after the best efforts of a surgeon if the patient dies it does not mean that the doctor or the surgeon is guilty of medical negligence, unless there is strong evidence against him.
A medical practitioner cannot be held liable for negligence merely because of misconduct, mishaps, or misjudgements, while choosing an appropriate cause for treatment in the presence of another. He would only be responsible if his behaviour is inferior to that of a reasonably competent practitioner in his field. In the case of A.S. Mittal v. St of U.P., Supreme Court of India stated that the law recognizes the inherent dangers of surgical procedures and that, despite the exercise of appropriate skills and care, errors would sometimes occur. The Urgent Issue Of Medical Negligence