When a patient approaches a doctor, he believes that the one sitting in front of him would act as a safeguard. He believes the doctor won't let him suffer the pain. They don't expect any kind of negligence on their behalf. If they would have any idea, then anyone will choose to die at their own home rather than in the hospital. A doctor has certain duties towards their patients, their family, profession. They are well versed with the fact that their single mistake could take away the life of any innocent person and It could be equivalent to murder.
When negligence becomes medical malpractice?
There are certain standards that are supposed to be followed by the medical professional and if they don't follow such guidelines then the legal cause of action can be taken against them. If a person tries to kill her wife but she doesn't get any injury but still the person will be punished under the attempt to murder. Likewise, In the medical profession, it is their duty to treat patients with appropriate medical standards of care. If any kind of negligence is being observed on behalf of doctors or health care professionals and if due to such negligence, the health of the patient is not impacted then action won't be taken but it doesn't it wasn't wrong. But if it impacted then for sure it will be considered as medical malpractice. Whether the service of Doctors comes under the Consumer Protection Act Earlier, medical services to the patient for which fees are charged falls under the purview of the Consumer Protection Act, 1986.
But In Bhushan Tiwari v. Dr. PK Singh( 18 Jan 2018)
It was held that the service rendered by doctors and staff of government hospitals is not a service covered under the Consumer Protection Act, 1986. It was also held that doctors and employees of government hospitals are liable for the act and have to pay compensation to the suffering party. Healthcare has been removed from the list of services in the Consumer Protection Act, 2019. Treatment of Accident Victims Case - Pravat Kr. Mukherjee v. Ruby General Hospital (2005) This Case deals with the unfortunate death of a boy who met with a road accident. He was taken to the nearby hospital. He was consciously showing the Mediclaim certificate of Rs 65,000. The treatment was started and during the treatment, they demanded immediate payment of Rs 15,000. When they weren't able to deposit the amount then treatment was discontinued. The present people were forced to take the patient to National Calcutta Medical College and the person died on the way to it. It was held by the National Commission that If doctors started treatment due to an emergency, that itself means availing the services. It's serious negligence and laxity on the part of the hospital by refusing admission and treatment facility to the person who was almost in dying condition. It was held that withdrawal of treatment can't be justified in any such around. It was directed by the National Commission to pay Rs 10 lakh to the complaint about mental pains agony.
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