The Veracity of Laws relating to Medical Malpractice in India
Amity Law School (GGSIPU), Delhi
The relationship between a doctor and his patient is considered sacred in India. A Doctor is compared to “God”. In recent times, instances of malpractice and negligence in the medical field have increased fourfold. The problem arises in ascertaining liability, whether the doctor was negligent or not is a very technical & subjective question, which is difficult to decide. There is always a possibility of alternate treatment but that does not make the doctor negligent for providing the first treatment. In this situation, a person who looses his life due to a treatment might not be eligible to get any compensation and his dependents are left in a dilemma. Further, the doctor will always try to play safe and order more procedures to avoid any liability, which in a way would create a burden on the economy. The existing legal framework does not provide to help & safeguard both the doctors and patients without compromising on the quality of healthcare or burdening the economy.
This study is compiled with the help of a literary survey. The research methodology is essentially analytical method with support of empirical and descriptive method. The nature of study that I undertook involved a review of existing literature on the subject and will also involve empirical data collection. The work shall follow a definite scheme of action, wherein it would first define the topic, after which it would delve into the various aspects of the topic, while at the same time critically analyzing the relevant aspects. It includes latest statutes, bills, guidelines, draft legislation and case laws updated till April 2015. An attempt has been made to make the contents lucid yet exhaustive.
I was fortunate to have Professor of Eminence and Chair Professor for Chair for Law Prof. M.K. Balachandran, Amity Law School, Delhi as my supervisor and mentor; his inputs helped create the path of this study, his patience and critical questioning throughout the process helped me immensely to reassert and understand the subject matter more thoroughly. I would like to extend my gratitude to my family and friends for their constant support and without whom I would not have been able to complete this study.
Despite every possible care taken by the Author, some errors or omission might have crept in while preparing the study. The Author will be highly obliged if such errors or imperfections are brought to his knowledge. Any fruitful and constructive criticism is always welcome.