Medical Negligence

Negligence only if doctor lacks qualification or expertise in treatment: SC

The Supreme Court on Friday said a doctor can be held liable for negligence only when there was no requisite qualification and skill, or a failure to exercise reasonable expertise during treatment. A bench of Justices P S Narasimha and Pankaj Mithal said when reasonable care, expected of the medical professional, was extended or rendered to the patient unless contrary was proved, it would not be a case for actionable negligence. "A medical professional may be held liable for negligence only when he is not possessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment," the bench said. The top court made the observations while setting aside an order of the National Consumer Disputes Redressal Commission (NCDRC) which had held a doctor negligent. According to the complainant, their minor son was diagnosed with a congenital disorder in his left eye which required a minor surgery, which was performed in 1996

KEM staffers make paper plates out of patient reports; notice issued

The administration of King Edward Memorial (KEM) Hospital, a civic-run facility, has issued show-cause notices to six staff members following the circulation of a video showing paper plates made from folders of patients' reports. The video clip has prompted the Brihanmumbai Municipal Corporation (BMC) to form a committee to investigate the incident, an official said on Saturday. Former mayor Kishori Pednekar highlighted the issue on the social media platform 'X', sharing a video of the paper plates that appeared to bear the names of the hospital, patients, and medical procedures. She alleged "gross negligence" by the hospital administration. In response, KEM Dean Dr. Sangeeta Ravat clarified that the plates were not made from patient reports. "They are not patient reports. They are old folders of CT scans given to scrap dealers for repurposing. The only mistake was that these scrap papers were not shredded before being given away," Dr Ravat told PTI. She said show-cause notices ha

Invoke protective provision in case of medical negligence: IMA to PM

The Indian Medical Association (IMA) has written to Prime Minister Narendra Modi highlighting that an investigating officer should invoke the protective provision under the Bharatiya Nyaya Sanhita in cases of alleged criminal medical negligence. The IMA pointed out that there is no criminal intent (mens rhea) on the part of a doctor while treating a patient and there is no negligence to attract criminal prosecution. "Union Home Minister Amit Shah ji acknowledged on the floor of the Parliament that death during treatment is not murder. The new BNS legislation brought up by your Government reflects on this aspect in section 26. IMA kindly request the Government that the investigating officer invoke this provision in cases of alleged medical negligence. In the rarest of rare cases which might be considered as recklessness the investigating officer may prefer the case to an expert committee for opinion," the IMA said in the letter sent recently. When contacted, IMA President Dr R V Asok

Doctors to get exemption from prosecution in negligence cases: Amit Shah

Union Home Minister Amit Shah said the Centre plans to amend the Criminal Law Bill to exempt doctors from criminal prosecution in cases of deaths due to medical negligence

Maha: Nanded hospital's dean denies medical negligence as cause of deaths

He emphasised that there was no shortage of medicines or doctors, and the patients were given proper care, but their bodies did not respond to the treatment

Guidelines on medical negligence under consideration: Union Health ministry

The Union Ministry of Health and Family Welfare has taken up for consideration the healthcare sector's long-standing demand to frame guidelines for determining medical negligence cases, a reply to an RTI query revealed. Though there is no guideline at present, the matter is under consideration, the ministry said in response to an application filed under the Right to Information (RTI) Act on behalf of PTI. "So far, no guidelines have been framed. It is under consideration," said Sunil Kumar Gupta, undersecretary in the ministry's medical education policy section. Gupta, who is also the central public information officer, gave a written response to PTI when asked to provide information on "if the Union Health Ministry has framed any guidelines to handle cases of medical negligence in the country". It has been more than 17 years since the Supreme Court, for the first time in the Jacob Mathew case in 2005, directed the Centre to frame statutory rules in consultation with the-then medic

SC mulls State Human Rights Commission role in criminal medical negligence

The top court posted the matter for further hearing after four weeks, and directed pleadings to be completed in the meanwhile.

Portugal health minister resigns following pregnant Indian tourist's death

Portugal's Health Minister resigned after the widespread criticism of her decision to temporarily close emergency obstetric services and forcibly transfer an Indian pregnant woman between hospitals

Even death of patient on the face of it cannot be medical negligence: SC

The top court said that it clearly emerges from the exposition of law that a medical practitioner is not to be held liable simply because things went wrong

Suing the doctor for malpractice? Proving medical negligence is difficult

A case gone bad doesn't always imply medical negligence, and if the doctor acts as per standard procedure and yet fails, he can't be hauled up; he also enjoys strong support from his fraternity

After UP hospital denies ambulance, family carries 70-yr-old woman on cot

Upon reaching the hospital, authorities allegedly refused to even provide them with a stretcher