Medical Negligence

Medical negligence litigations are increasing steadily. Ignorance is bliss. But, ignorance of law is an exception. The medical profession is experiencing a very rough weather. Expectations of the society from doctors are sky high. Patients expect to gain more and pay less for the treatment they received. If patient outcome is not as per expectations of patient relatives, they may try to blame treating doctors and expect to get some discount on professional fees and/or some compensation.

Many cases may go unreported due to various reasons. However, the society has become more litigious, people are more aware of their rights, and second opinions are easily available. Medical literature is available in plenty and in easy-to-understand language both on internet as well in print.

Medical professionals have to treat patients as per standard guidelines, satisfy relatives, and at the same time save themselves from possible allegations. Patients and relatives utilize audio–visual media to record the consultations. This has led to increased stress among medical professionals. Incidence of frivolous claims is also increasing day by day.

The patient who has allegation of medical malpractice against his/her doctor has to prove four important elements. They are as follows:

Breach in duty of careTreating consultant was in charge of his/her treatment and the patient has nothing to contribute to the bad outcomeThe patient suffered significant damages or injuriesThese damages have been caused by lack of standard care which any other doctor of same qualification may not do.

Publication History

Received: 21 December 2019

Accepted: 12 January 2020

Article published online:
03 June 2021