Law Relating to Medical Negligence (under Civil, Criminal and Consumer Law)

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Description
India recorded a whopping 5.2 million injuries each year due to medical errors and adverse events. Approximately 3 million years of healthy life are lost in India each year due to these injuries.1 According to one study made on Delhi Hospitals, out of every 1000 prescriptions, approximately 82 are likely to result in ADEs in the inpatients of OPD of General hospitals and Clinics in Delhi.
The Supreme Court took serious note of the medical negligence in Balaram and awarded record amount of Rs. 6 Crore of compensation with interest that amounts to nearly 11 Crores of rupees in all that sent shock waves through medical profession , which raised a furore and started demanding for special tribunals ,curiously manned by members of their own profession, which consumers will not welcome in view of possible bias evidenced by rather slow action of Medical Council of India in taking disciplinary action against erring doctors.
As on 31st May, 2014", a total of 376 cases are pending before the Medical Council of one State (West Bengal) for final decision.2 Though Section 8.4 of Medical Council of India "Code of Ethics Regulations" has mandated that complaints against doctors must be decided "within a time-limit of 6 months". We don't have figures of total number of cases pending before medical councils in the country.
More than a year has passed since retired Chief Justice of India J S Verma died of multi-organ failure on April 2013 and the expert committee appointed by the Delhi Medical Council (DMC) on a complaint met only twice by May'14.3
As a matter of fact this award is a pittance when we notice the jury awards in USA that go upto $74 million (against a doctor at Harbor Hospital in 2002).
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Table of Contents

1. Introduction
2. Professional Negligence
3. English Law on Standard of Care by Medical Professionals
4. Standard of Care by Medical Professional under Indian Law 
5. Medical Professionals under Criminal Law
6. Pre-Surgical Procedures and Care
7. Consent
8. Liability of Hospitals
9. Liability of State and theory of Sovereign Immunity
10. Defences Available to a Medical professional
11. Defences not Available
12. Remedies
13. Deficiency in service under consumer protection act
14. Unfair trade practice by Medical Professional
15. Compensation
16. Homeopathic, Ayurvedic and Other Indian Medicine practitioners
17. Procedure in Civil Courts, Criminal Courts, Consumer for a and permanent lok adalat
18. Proof of Negligence
19. Miscellaneous
19.1  Blood Banks
19.2 Clinical Laboratories
19.3  Liability of Drug Manufacturers
19.4 Medical Equipment
19.5 Liability of Optician
19.6 False, Frivolous or Vexatious Claims
19.7 Tele Medicine and Cyber Medicine
20.  Illustrative cases (discipline wise)
20.1 Anesthetist
20.2 Cardiologist/Cardiac Surgeon
20.3  Dentist
20.4 Dermatologist
20.5  E.N.T. Surgeon
20.6  Nephrologist &. urologist
20.7  Ophthalmologist
20.8 Obstetrician/Gynaecologist
20.9  Oncologist
20.10 Orthopaedician
20.11 Pediatrician
20.12 Physician
20.13 Plastic Surgeon
20.14 Surgeon
21.   Facts and Rulings of thirty three important cases decided by the house of lords, 
         Privy council and the Supreme Court of India

APPENDICES
1. The Indian Medical Council Act, 1956
2. Medical Council of India Regulations, 20001
3. The Indian Medical Council (Professional) Conduct, Etiquette and Ethics) Regulations, 2002
4. The Indian Medicine Central Council Act, 1970
5. The Medical Termination of Pregnancy Act, 1971
6. The Medical termination of Pregnancy Rules, 2003
7. The Medical Termination of Pregnancy Regulations, 2003
8. The Transplantation of Human Organs and Tissues Act, 1994
9. The Transplantation of Human Organs and Tissues Rules, 2014
10. The Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994
11. The Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Rules, 1996
12. The Dentists Act, 1948.
13. The Dentists (Code of Ethics) Regulations, 1976
14. The Homoeopathy Central Council Act, 1973
15. The Drugs and Cosmetics Act, 1940
16. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
17. A.P. Allopathic Private Medical Care Establishments (Registration and Regulation) Act, 2002
18. The Indian Penal Code, 1860
19. The Consumer Protection Act, 1986
20. The Consumer Protection Rules, 1987
21. The Consumer Welfare Fund Rules, 1992
22. The Consumer Protection Regulations, 2005
23. Code of Standards in relation to the Advertising of Medicines
and Treatments
 Subject Index
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Author Details
T. V. Rao, District Judge (Retd. ) President, District Forum, Hyderabad (Retd. )