Medical Negligence and Compensation (Including Consumer Protection Act, 2019)

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Description
The Fourth Edition of this book saw light of day exactly after a decade of publication of the previous edition. The Third Edition, which appeared in the year 2004, had to be reprinted twice. Although demand for a new edition had been coming from various quarters but the chief author could not find time to undertake the job because of being preoccupied with care of patients. During the last decade and a half a sizeable number of judgments on medical negligence have been handed down by the Supreme Court--some of which being leading ones-deciding important questions of law on the subject. Some of such judgments are being commented upon hereunder. In Martin F. D'Souza v Mohd. Ishfaq,' the court laid down that it is necessary in all cases of medical negligence (civil or criminal) to refer the matter to a competent doctor or committee of doctors, before sending notice to the doctor/hospital. But another bench of the Supreme Court in V. Kishan Rao v Nikhil Super Speciality Hospital, differed from the view in Martin F.D'souza, (supra) with the following observations: "We are of the view that aforesaid directions are not consistent with the law laid down by the Larger Bench in Mathew. In Mathew (supra),  the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Fora. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this court in Malay Kumar Ganguly." (See paras 133 and 180 at pages 274 and 284 of the report). The medical fraternity should find solace from the above Supreme Court judgment that criminal cases can no longer be filed indiscriminately against doctors without obtaining prior expert opinion.

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Contents
1.  Doctor-Patient Relationship
2.  Consent to Treatment
3.  Dos & Don'ts for Doctors & Patients and Rights of Patients
4.  Liability of Medical Professionals for Negligence
5.  Liability of Medical Professionals for Negligence under Criminal Law
6.  Categories of Negligence in Medical Care
7.  Anaesthesia—Preparation, Care and Mishaps
8.  Questions & Answers on Medical Negligence, Compensation & Related Issues
9.  Preventive Steps for Doctors/Hospitals to Avoid Litigation and its Outcome
10.  Professional Indemnity Insurance
11.  Defences against Claims for Medical Negligence—A Check List
12.  Selected Provisions of the Consumer Protection Act, 1986 relevant to Medical
       Profession explained
13.  Consumer Guidance for Complaints Against Medical Negligence
14.   Indian and Foreign Case Law on Medical Negligence
Appendices
Appendix-I       The Indian Medical Council (Professional Conduct, Etiquette and Ethics)
                           Regulations, 2002
Appendix-II      Hippocratic Oath (460 B.C.)
Appendix-Ill     Charak's Oath
Appendix-IV     Declaration of Geneva
Appendix-V      Declaration of Helsinki
Appendix-VI      World Medical Association International Code of Medical Ethics (2006)
Appendix-VII     Guidelines for Sterilization
Appendix-VIII    The Consumer Protection Act, 1986
Appendix-IX      The Consumer Protection Rules, 1987
Appendix-X       The Consumer Protection Regulations, 2005
Appendix-XI      The Fatal Accidents Act, 1855
Appendix-XII     The Legal Representatives' Suits Act, 1855
Appendix-XIII     Indian Penal Code, 1860 (Selected provisions)
Appendix-XIV     Code of Criminal Procedure, 1973 (Selected sections)
Appendix-XV      The Indian Majority Act, 1875
Appendix-XVI     The Epidemic Diseases Act, 1897 (Extracts)
Appendix-XVII     The Drugs and Cosmetics Act, 1940 (Relevant sections)
Appendix-XVIII    Drugs and Cosmetics Rules, 1945 (Selected Rules & Schedules)
Appendix-XIX      The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
Appendix-XX       Drugs (Prices Control) Order, 2013
Appendix-XXI      The Clinical Establishments (Registration and Regulation) Act, 2010
Appendix-XXII     The Clinical Establishments (Central Government) Rules, 2012
Appendix-XXIII    The Rajasthan Medicare Service Persons and Medicare Service
                                 Institutions (Prevention of Violence and Damage to Property) Act, 2008
Appendix-XXIV    The Indian Medical Council Act, 1956
Appendix-XXV     The Atomic Energy Act, 1962 (Rules framed under)
Appendix-XXVI    The Medical Termination of Pregnancy Act, 1971
Appendix-XXVII    The Medical Termination of Pregnancy Rules, 2003
Appendix-XXVIII   The Medical Termination of Pregnancy Regulations, 2003
Appendix-XXIX     The Transplantation of Human Organs and Tissues Act, 1994
Appendix-XXX      The Transplantation of Human Organs Rules, 1995
Appendix-XXXI     The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition
                                  of Sex Selection) Act, 1994
Appendix-XXXII     Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex
                                  Selection) Rules, 1996
Appendix-XXXII-A Pre-conception and Pre-natal Diagnostic Techniques (Prohibition
                                   of Sex Selection) (Six Months Training) Rules, 2014
Appendix-XXXIII    The Bio-medical Waste (Management and Handling) Rules, 1998
Appendix-XXXIV    Glossary of Common Medical Terms, Abbreviations and Symbols
Appendix-XXXV     Expert to Consult in case of Negligence
Subject Index
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Author Details
Dr. Jagdish Singh was born at Ajmer. Did hisschooling from St Patricks, Asansol; M.D. (Paed.) from JLN MedicalCollege, Ajmer. Secured five gold medals. He was General Secretary ofthe Students' and Resident Doctors' Associations and Vice-President ofAll India Federation of Junior Doctors' Association, New Delhi. He ispresently Associate Professor in Paediatric Medicine in Sir PadampatSinghania Mother & Child Health Institute, SMS Medical College,Jaipur. He has participated in several national and internationalconferences, work-shops and has been awarded prizes for best scientificpapers on four occasions. He has to his credit numerous publications-asauthor, editor or co-author which include books like: ChildhoodTuberculosis; Update Paediatric Neurology, etc.; several souvenirs;first Rajasthan Paediatric Directory and has contributed over fortyarticles in various national and international magazines and medicaljournals. The present work is his latest and major contribution. He hasvisited a number of States for lecturing and training on laws inrelation to medical practice.
Vishwa Bhushan, co-author of the book, was born in Jaipur. Did hisB.Com and LL.B. from the University of Rajasthan, Jaipur. He is anAdvocate of the Rajasthan High Court.
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