Civil Medical Negligence or Civil Liability for Criminal Medical Negligence: A Dilemma
There is no legal definition of negligence and certainly none for Medical Negligence. Supreme Court in the lead case, Jacob Mathew, adopted the definition from Ratan Lal Dheeraj Lal's Indian Penal Code. Applying the same criteria to judge Medical Negligence as ordinary negligence has created a great confusion about Criminal Medical Negligence and Civil Medical Negligence. There is no separate definition of the two. If a case is filed under Tort or CPA it is civil and if under IPC it is criminal. Besides it is subject to the decision of the Judicial Officer. I submit that there is nothing like Criminal or Civil medical negligence. The liability is Civil or Criminal. Liability arises only after the offence is proved.
Understanding Medical Negligence- Civil vs Criminal
The Supreme Court, in its landmark judgment in the case of Jacob Mathew vs. State of Punjab, has extensively discussed this issue. The court not only understood the challenges faced by doctors as professionals but also beautifully explained the difference between civil and criminal negligence. However, it is unfortunate that even after twenty years of this historic judgment, doctors are still facing the same ordeal as Dr. Jacob Mathew faced in that case. The Hon'ble Supreme Court has repeatedly stated that criminal FIRs should not be registered against doctors without the opinion of medical experts, but this is not being followed. Either the police do not seek the opinion of the medical board or the medical board fails to give an opinion in line with the spirit of the Jacob Mathew case. Whatever the reason, the concerned doctor has to go through severe mental, economic, social, and professional harassment.
Prosecution of Doctors under Consumer Protection Act.
Penalties being imposed on medics need to be tested on the anvil of the constitutional provision of the right to social and economic justice for all. Compensating in millions against a few hundred or thousands earned us unfair, inequitable, and cruel exploitation ultimately unaffordable. Akin to the snake-ladder play for the professionals, it doesn't withstand the test of viability.
Violence Against Healthcare Professionals and Vandalism of Hospital Infrastructure
The alarming upsurge in episodes of violence against healthcare workers and vandalism of hospital infrastructure over the last more than 2 decades is frightening. As a backlash, it is reshaping the medics’ response to address medical emergencies and intractable illnesses. According to a report, more than two-thirds of health workers face some kind of violence in their lifetime. Hospitals are places to treat the diseased, the debilitated, and the moribund. Haplessly, they are turning fast into bedlams of chaotic uproar where medics may be abused, vituperated, browbeaten, kicked, bruised, slapped, punched, drubbed, and thrashed without the fear of law.
Healing the Healers: Addressing the Struggles of Medical Students and Resident Doctors
The pursuit of a medical career is often considered a noble and prestigious journey, one that requires immense dedication, intelligence, and resilience. Yet, behind the facade of white coats and healing hands lies a complex and deeply troubling reality faced by medical students and resident doctors. The profession, demanding as it is, comes with profound challenges that place an unbearable strain on the mental, emotional, and physical well-being of those on the frontlines. The issues they encounter are not simply occasional hurdles but systemic problems that demand urgent attention and reform.
STRIKE : NO SOLUTION
The manner in which a postgraduate trainee doctor of R.G.Kar Medical College was raped - murdered is bound to anger the doctors and other medical staff working in hospitals. The careless and insensitive attitude of the Central Government is also to blame for this sorry state of affairs and needs to be given a serious look. If they could timely enact stringent laws, strengthen the law enforcement agencies and legal system it could bring some drastic change in the mindset of the male dominated society.
A Cry for True Freedom: The Unheard Voices of Healers
There can be no celebration, no joy, only the silent, steadfast resolve to fight for a future where freedom is not just a word but a lived reality for every doctor, every healthcare worker, and every citizen of this land.The medical community, the healers of this nation, should only consider celebrating Independence Day when this noble profession is finally liberated from the shackles of violence,
MILES TO GO
Violence against doctors were already a common occurrence, but of late rape, murder and other criminal activities have overtaken the atrocities bringing about no radical change in the security system, a demand that the medical profession has been consistently putting forward. The alleged rape and murder of a doctor in Kolkata recently is another glaring example of an inept hospital administration's inability and other security agencies in protecting our doctors on duty.
When Caregivers Become Victims: The Grim Reality of Medical Professionals' Safety
Just as doctors are punishable ( even jailed) under PNDT & POCSO , held responsible for Rape & abortions even when they have not committed the crime/ even on trivial things such as forms not properly filled! On similar lines, why shudnt all the authorities responsible for entrusting the young doctor’s security be punished, asks Dr Tripti in this blog
A Shattered Dream: Reflections on NEET 2024 and the Pain of Injustice
The NEET 2024 examination will be remembered not for the triumphs it should have celebrated, but for the heartbreak it left in its wake. The news of paper leaks and the resulting rank inflation has crushed the hopes of countless aspiring doctors, sending shockwaves through their families. For some, the dream of donning a white coat has been postponed indefinitely; for others, it has been abandoned altogether, as they shift their focus to new paths. The echoes of their struggles linger in the hearts of their parents, who recount this journey with emotions that range from deep pride to profound sorrow.
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