Rushik Kapadia, L.J School of Law, Gujarat University
ABSTRACT
Medical professionals are treated as a god in the time of Covid-19 or in general times too. They give relief to the patient who is suffering from any diseases or requires urgent support in a life/death situation. In India, there are poor medical facilities if compared to countries like the United States of America, Japan, and as well as China. Since ancient times medical profession is considered a Nobel profession all over the world. However, in recent times it can be said there is a vast difference between the relations of a doctor-patient. During the last few decades, there are several cases which are popped up because of medical negligence on the part of a doctor and which results in the death of the patient. Due to the increasing number of errors on the part of doctors, Most of the legal system has developed some laws to deal with negligence on the part of Doctors. Hence, this has led to the development of the new branch of Jurisprudence which is Medical Negligence. Hence, any medical negligence will be treated as a tort of negligence or can be treated under Consumer Protection Act, 1986. Medicines are a complex domain. So, sometimes it might be possible that something wrong can go because of not taking proper medicines in proper time, this could result patient to get severely affected and can also cause death. Because of this, it becomes difficult for the consumer protection forum to review these types of cases because this can be stated as flawless technical clarity.
Thus, this type of matter isn’t a consideration for the judiciary but still those types of negligence are entertained by the court by calling out other specialized people from the same field and give their technical inputs regarding the medical negligence caused by the doctor.
