Why in the news?
A Navi Mumbai files an FIR against his doctor alleging medical negligence while claiming that he had lost vision of one eye after the doctor performed a surgery despite the patient’s high sugar levels.
Background
Medical negligence cases in India often leave the patients and their family at the mercy of the complex legal landscape wherein the doctors often get success in escaping their liability. The First Information Report (FIR) has been lodged by a Navi Mumbai man against ophthalmologists Dr. D V Pandit and Dr. Chandan Pandit, one being the father and the other being his son. The FIR brought back the attention towards the rights of the patient, professional accountability, and legal remedies in cases of medical negligence by the professional since the patients entrust their lives into the hands of such professionals.
Factual matrix of the issue
According to the FIR that has been lodged by the patient, the series of events began in the month of December 2024 when the patient visited the hospital for pain in the eye and Dr. Chandan performed a surgery upon his right eye and allegedly took Rs. 75,000 as charge but refused to provide any medical papers later. Soon the patient’s vision worsened, and he was advised to go through a second surgery on his left eye and the hospital kept calling him several times to schedule the same.
The patient agreed to undergo the second surgery and was charged Rs. 30,000 by Dr. Chandan on account of blood sugar test. But the doctor operated his left eye without the arrival of the test reports despite high sugar levels being a known surgical risk. Additionally, the doctor also asked for Rs.10,000 more from his daughter during the operation, citing that there is a boil near the eye.After the surgery, the patient suffered severe pain and complete loss of vision in his left eye, and was charged another Rs 30,000 during a follow-up.
A lab test later confirmed a viral infection. He also discovered that while Dr. Chandan performed the surgeries, all medical documents were issued on his father’s letterhead, and he later learnt that neither of the doctors were registered with the Maharashtra Medical Council.
Medical Negligence in India
Medical negligence refers to a situation wherein a medical practitioner fails to perform their duty with due care and attention, resulting in harm to the patient. It arises when there is a breach of the duty of care that a reasonable practitioner is obligated to provide to his patient in the given circumstances leading to consequences such as financial loss, mental agony or even loss of life for the patient. In India, medical negligence by a medical practitioner during a medical procedure can attract both civil and criminal liabilities against the professional, depending upon the facts and circumstances of the case.
Under Bhartiya Nyaya Sanhita,2023 (BNS),medical negligence is now addressed under Section 106, instead of the earlier Section 304A of the erstwhile IPC. The new section has increased the punishment for causing death by rash or negligent acts to up to imprisonment of five years and a fine. For registered medical practitioners, the sub-section prescribes a lesser punishment of up to 2 years of imprisonment and a fine when the act occurs during a medical procedure. A “registered medical practitioner” is defined as one holding qualifications recognized under the National Medical Commission Act, 2019, and registered in the National or State Medical Register.
According to the Consumer Protection Act, 2019, patients are treated as consumers,therefore, it enables them to file complaints before consumer courts for compensation in cases of any medical negligence. Furthermore, the Clinical Establishments Act, 2010, governs the registration and functioning of medical institutions to ensure compliance with the due standards, and the National Medical Commission alsolays down ethical guidelines for medical professionals, the violations of which can result in suspension or cancellation of their licence.
Author’s Information
Mansi, a third year law student currently studying at VIPS-TC under Guru Gobind Indraprastha University with a growing interest for legal research. She’s passionate about criminal justice, family law and advocacy for rights of women and children.