Medical Negligence – Understanding Duty, Breach, and Legal Implications

Abstract

Medical Negligence is an important issue of healthcare, which arises when physicians or healthcare providers fail to function to the expected standards, which causes harm to the patient.

This article explains the basic principles of medical negligence, including duty discharge by physicians, breach of duty and its legal consequences.

It highlights important cases where medical negligence has been proven, such as errors in medical procedures, misdiagnosis, surgery mistakes, and failure of prevention measures.

Cases like Chanda Rani Akhauri vs MS Methusethu Pathi, Arun Kumar Manglik vs Chiraga Health & Medicare Private Limited, and Dr. Harish Kumar Khurana v. Joginder Singh have been analyzed, which helps to understand how courts determine liability and compensation.

The Bolam Test is also discussed, which evaluates whether a doctor has acted according to accepted medical practices.

The article underscores that not all unsuccessful treatments are medical negligence, but if standard care is violated, it can lead to legal liability.

Conclusion: While physicians are expected to have extreme vigilance and efficiency, concrete evidence of malpractice, negligence, or ignorance is necessary to prove negligence. This article highlights the need for liability in the medical field, while also showing how challenging it is to maintain a balance between patient safety and the complexities of medical decision-making.

Keywords: medical negligence, duty of care, breach of duty, standard medical care, bolam test, misdiagnosis, surgical errors, legal liability, patient safety, medical malpractice.

Introduction

Just as a normal rational person should take all the precautions based on his conscience and knowledge, a doctor also needs to be careful in treating his patient. Negligence or carelessness can even lead to death or aggravation of the patient’s condition.

Example: A nurse reused the same syringe for two patients. The first patient was HIV positive, and due to negligence, the second healthy person also contracted HIV. Here, the nurse failed to use proper conscience and knowledge, causing severe harm.

Duty in the Medical Profession

Negligence in any profession (doctor, lawyer, etc.) arises when:

• The person fails to acquire special knowledge expected of the profession.
• Work is not done with due care and caution.

The standard of negligence depends on the nature of the profession.

Example: Surgeons are judged by general parameters of their profession, based on their proficiency and skill.

Doctor’s Duty of Care

• The doctor must be present to treat patients, especially in emergencies.
• If treatment is delayed and the patient dies, negligence is assumed.
• Duties include:
  1. Deciding carefully whether or not to treat a patient.
  2. Identifying primary symptoms with proper care.
  3. Acting cautiously in emergencies.

Breach of Duty

Some common breaches include:

1. Death of patient by giving blood of the wrong group
   • If blood is transfused without checking groups, leading to clots and death, the doctor and hospital are liable.
2. Unsuccessful process of making bine
   • Case: State of Haryana v. Mrs. Santra (1988). Despite sterilization, she gave birth to a child. Negligence was held self-evident.
3. Absence of preventive measures leading to death
   • Hospitals must ensure emergency equipment (oxygen cylinders, medicines, staff). Death due to lack of such facilities makes hospitals liable.
4. Abandonment of any object inside the body
   • If surgical tools are left inside a patient’s body, negligence applies under Res Ipsa Loquitur.

Damage

The plaintiff must prove injury due to negligence. Sometimes, negligence is so obvious that it does not require proof.

Important Cases of Medical Negligence

1. Chanda Rani Akhouri Vs. Ms. Methusethu Pathi (2022)

Background:

• Appellant’s husband died after kidney transplant and follow-up complications.
• Compensation claim of ₹95,16,174.33/- was filed.

Issue: Whether death was due to post-operative negligence.

Ruling: Complaint dismissed – no evidence of negligence. Hospital registration lapse did not constitute legal remedy.

2. Arun Kumar Manglik Vs. Chiraga Health and Medicare Pvt. Ltd. (2019)

Facts:

• Patient died of dengue after ICU admission.
• SCDRC awarded ₹6 lakh compensation.

Issue: Whether hospital was guilty of negligence.

Ruling: NCDRC reversed SCDRC order.

• Found patient’s family administered aspirin before admission.
• Treatment followed standard protocols.
• No negligence proved.

Analysis:

• Bolam Test applied: doctors must follow reasonably competent professional practices.
• Professionals cannot escape liability where unreasonableness is proven.

3. Dr. Harish Kumar Khurana Vs. Joginder Singh (2012)

Facts:

• Patient underwent two kidney surgeries.
• First successful, second led to death.
• NCDRC held doctor negligent and ordered ₹17 lakh compensation.

Supreme Court Ruling:

• Reversed NCDRC order.
• Held that unsuccessful surgery alone ≠ negligence.
• Negligence must be proven with glaring evidence, not assumptions.

Conclusion

Negligence in the medical field varies. Doctors must act with utmost care, as negligence can cost lives. However, not every death or failed treatment amounts to negligence.

Courts require concrete evidence of malpractice. The balance lies in protecting patients’ rights while recognizing the complexities of medical judgment.

References

• Chanda Rani Akhouri Vs. Ms. Methusethu Pathi (2022) – CaseMine
• Arun Kumar Manglik Vs. Chiraga Health and Medicare Pvt. Ltd. (2019) – CaseMine
• Dr. Harish Kumar Khurana Vs. Joginder Singh (2012) – LawyersClubIndia

Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India