Samanyu Pokhriyal, Symbiosis Law School, Hyderabad
ABSTRACT
The medical profession is considered one of the most difficult and noble profession. Life is believed to be god given and a doctor is considered to be a life saver. There are certain complications that accompany the medical profession. The patients and their families bestow the doctors with a very crucial duty, i.e., taking care of the health of their loved ones. A patient expects the doctor to possess the right skill to relieve his medical problems. This relationship thus takes the form of a contract while still retaining the essential elements constituting of a tort. The patients bestow their trust in the doctor, thus he also owes certain duties to his patients, and failing to do so amounts as a breach of contract and gives a cause of action for negligence against the doctor. Medical negligence refers to any form of misconduct carried out by a doctor or practitioner by not taking adequate precautions resulting in breaching their duties towards a patient which results in injury or damages. The services of a doctor are come under the Consumer Protection Act, 1986. Any patient seeking compensation could do so from the Consumer courts. This paper aims to highlight the issues faced by the victims of medical negligence while simultaneously discussing the liabilities of the medical professionals and organisations involved in such instances. The paper also tries to embody the existing solutions for such cases and possible suggestions to the current system.
