Civil and Criminal Liability for Medical Negligence in India | Original Article

ABSTRACT:

To hold a doctor criminally responsible for a patient's death, it must be established that there was negligence or incompetence on the doctor's part, which went beyond civil liability. Civil liability for medical malpractice may be attributed either to a doctor or a hospital when any of these persons' acts or omissions causes injuries to a patient it may be also the hospital's liability for the damage caused by negligence of its staff (doctors and other personnel).Criminal liability would arise only if the doctor did something in disregard to the patient's life and safety. George Bernard Shaw has righteously quoted we have not lost faith we have just transferred it in the medical profession. Thus, an exceptional venerable position has been given to doctors, but, it is natural that greater the reverence comes with great responsibility. Over time, we have witnessed a pace of globalization and too much commercialization in all spheres of life including the medical profession. New technologies and medicine have assisted us in improving the healthy lifestyle. Negligence is usually an exception to the general rule, but when such circumstances arise, the legal framework must be appropriate to ensure the accurate treatment of both the physician and the patient. New cases arise each year about doctors who are being charged with criminal medical negligence because their actions in treating patients under their care lead to death. Negligence can include patient falls, bedsores, or any other unintentional acts that happen in a long-term care case. The most distinctive difference between the two is intent. In simple terms, medical negligence is a mistake that resulted in causing a patient unintended harm. Medical malpractice, on the other hand, is when a medical professional knowingly didn't follow through with the proper standard of care.