Medical negligence
Topic: Consumer Rights and Consumer Protection · NCERT: Class 10, Ch 5 "Consumer Rights"
Meaning
Medical negligence is carelessness by doctors or hospital staff that harms a patient. In Indian Medical Association v. V.P. Shantha (1995), the Supreme Court held that it counts as deficiency in service under consumer law. So a patient can seek compensation from a consumer commission. Treatment given fully free of charge is excluded.
Example
Reji Mathew, a healthy Class IX boy in Kerala, had his tonsils removed at a private clinic. Improper general anaesthesia damaged his brain and crippled him for life. His father claimed ₹5,00,000 at the State Commission, which dismissed the claim for lack of evidence. On appeal, the National Commission held the hospital responsible for medical negligence and ordered it to pay compensation.
Don't confuse with
- An unsuccessful treatment: a bad outcome alone is not negligence. The patient must show that the doctor or hospital failed to take proper care.
Related concepts
- Three-tier consumer redressal machinery
- Quasi-judicial body
- Pecuniary jurisdiction
- Deficiency in service
- Class action suit