In the silence of trust, a floundering twirl, Where healer’s promise fades in negligence’ whirl.

Medical negligence has likely existed for as long as medical practice itself. However, the legal recognition and formal understanding of medical negligence have evolved.

In modern legal systems, medical negligence began to be formally recognised in the late 19th and early 20th centuries. In this domain of white coats and mending hands, the most crucial part is the patient-doctor relationship, where the patient entrusts his well-being to the doctor. However, this bond can be put in danger due to medical negligence cases.

Medical negligence, or malpractice, happens when healthcare providers do not meet expected standards, causing harm to patients. It covers errors in diagnosis, treatment, communication, and documentation. It’s about more than bad outcomes; it is about whether care fell below accepted norms. Medical negligence is said to happen in the below-given circumstances:

Duty of Care:

If a doctor owes a duty of care to a patient who has suffered mental or physical injury and the doctor breaches this duty, they may be found guilty of medical negligence and may face expulsion from practice.

Breach of Duty:

This involves proving that despite owing a duty of care, the doctor failed to fulfil it, breaching their professional obligations.

Causing Injury:

It must be demonstrated that the doctor’s breach of duty resulted in injury or death to the patient.

Patients can sue a case against medical negligence. To sue for medical negligence, key conditions include proving a doctor-patient relationship, demonstrating breach of duty (failure to meet accepted standards), establishing causation (linking negligence to harm), showing harm or damages suffered, adhering to the statute of limitations, often requiring an expert medical opinion, and having relevant documentation. Some of the legal steps that have been taken in India against medical negligence are:

Legal Remedies:

Patients affected by medical negligence in India can seek compensation through civil litigation for expenses, loss of income, and suffering.

Regulatory Bodies:

The Medical Council of India and State Medical Councils regulate medical professionals and can take disciplinary action for negligence.

Consumer Protection Laws:

The Consumer Protection Act 2019 allows patients to address grievances against medical practitioners through consumer forums or courts.

Criminal Liability:

Doctors may face criminal charges under Section 304A of the Indian Penal Code for gross negligence resulting in death or serious injury.

Awareness of medical negligence is vital for patients and healthcare providers. It involves understanding patient rights, recognising signs of negligence, seeking redress, and promoting professional responsibility and prevention. Patients should be informed about medical negligence and understand its risks and implications. Similarly, doctors should be aware of the pitfalls of negligence to ensure particular care for their patients.

Medical negligence is talked much comparatively to its counterpart, i.e. defining
violence against medical professionals. As said, there are always two sides of the same coin. In a world where healing hands face clenched fists, doctors confront a rising tide of violence. From hospitals to clinics, assaults against medical professionals surge, challenging the sanctity of healthcare. From the sterile corridors of hospitals to the remote rural clinics, the echoes of these attacks reverberate, shaking the very foundations of healthcare. No physician can say how or when he will be the victim of undeserved attack, hostile accusations, extortion or trial for damages.

White coats stained with fear Healing hands bear the burden of assault here.

According to the Indian Medical Association (IMA), 75 percent of doctors in India have encountered violence at some stage in their careers. The root cause of violence against doctors lies in the misconception that
patients frequently link adverse outcomes to alleged medical negligence. There’s a prevailing lack of awareness among the public regarding the inherent uncertainties in medicine, where not all conditions have good prognoses. Additionally, the public must understand that a small percentage of unfavourable outcomes are inevitable in medical care.

Many assault cases have been reported in the media. A few of them were:

A junior resident doctor at Nil Ratan Sircar Medical College Hospital was hit on the head by the relatives of a 75-year-old patient. A lady doctor in Tuticorin was killed by the husband of a pregnant woman who was admitted in a serious condition, the doctor was tied to a tree, robbed, and his wife and daughter gang-raped in Gaya district of Bihar, two resident doctors of JJ Hospital,

The patient’s relatives beat up Mumbai, two resident doctors of Banaras Hindu University were beaten up by the patient’s attendants and goons.

There have been laws that are framed against assault on doctors. Laws like punishment for violence under the Prevention of Violence against Medicare Persons and Medicare Institutions Acts and relevant sections of the Indian Penal Code (IPC) are made to ensure the safety of medical health providers. These laws typically include provisions for stricter penalties for those found guilty of assaulting doctors or damaging healthcare facilities. They also often establish special committees or mechanisms to address violence complaints and ensure healthcare workers’ safety. But until now, no individual charged with assaulting a medical professional or damaging hospital property has faced penalties under existing laws. One issue with the current legal framework is that in the aftermath of violence, doctors may file a police complaint. In contrast, simultaneously, patients and their relatives file complaints alleging medical negligence. This raises doubts about whether enacting a central law would effectively deter such acts of violence.

Violence against healthcare workers inflicts profound harm on their mental and physical well–being dampening their professional drive and dedication. This ripple effect undermines the quality of care, disproportionately impacting the accessibility of healthcare for vulnerable segments of society. Consequently, the broader population’s health and prosperity suffer, aggravating existing disparities.

Moreover, such violence takes a heavy toll on the financial stability of the healthcare sector.

To address this pressing issue, it is imperative to craft comprehensive strategies to effectively manage patient interactions and bolster security protocols within healthcare facilities. Health providers should also fulfil prerequisites like informed consent, proper patient documentation, etc. Immediate action should be taken through legal aid, such as police complaints, informing your lawyers, and not settling the issue using money. Moreover, there is a critical need for further research, particularly in resource-constrained public health settings, to assess the efficacy of these strategies. While legal measures may offer some semblance of relief, they must be complemented by a holistic approach that addresses the multifaceted roots of this pervasive challenge.

Ultimately, combating medical negligence and violence against doctors requires a multi-pronged approach involving not only legal interventions but also broader societal changes and synergetic efforts from stakeholders across the healthcare system.