Central Idea

A women recently died from septic shock after a surgery in Jamshedpur, leading her brother to allege medical negligence due to unauthorized surgeon substitution and lack of postoperative care.
The case has ignited discussions on the legal and ethical aspects of medical negligence in India, amidst proposed changes to exempt doctors from criminal prosecution.

Understanding Medical Negligence

Definition and Impact: Medical negligence involves a breach of duty by healthcare professionals, leading to patient harm or death.
Legal Framework: Currently, under Section 106(1) of the Bharatiya Nyaya (Second) Sanhita (BNSS), doctors face potential imprisonment and fines if convicted of negligence, though proposed changes might alter this.

Recent Announcement: MHA proposed exempting doctors from criminal prosecution in negligence cases, sparking debate and concern among various stakeholders.
Constitutional Rights: The proposed changes have to be balanced against constitutional protections like Article 20(3) and Article 21, which safeguard against self-incrimination and ensure the right to life and liberty.

IMA’s Stance: The IMA has advocated for exempting doctors from criminal prosecution for negligence, citing the increasing harassment and detrimental impact on patient care.
Concerns Raised: The IMA also highlighted the high number of medical negligence cases filed against doctors and the economic losses due to violence against healthcare professionals.

Power Dynamics: Critics argue that exempting doctors from criminal prosecution might exacerbate power imbalances in the doctor-patient relationship and lead to increased medical malpractice.
Marginalized Populations at Risk: There’s concern that such exemptions could disproportionately affect vulnerable groups, including women, queer, transgender individuals, and rural residents.

Good Faith Clause: BNSS clauses provide some protection for acts done in good faith, but the distinction between negligence and accident remains unclear.
Bioethicists’ Perspective: Experts emphasize the need for a balanced approach that considers both healthcare professionals’ challenges and patients’ rights and safety.

Nationwide Dialogue: The IMA plans to engage in discussions with the government and public to advocate for their position.
Need for Comprehensive Data: Critics like Geet suggest conducting a nationwide survey to understand the scope of medical negligence and inform policy decisions.
Legal Recourse for Patients: Ensuring that patients have access to legal recourse and justice is crucial to maintaining trust in the healthcare system and preventing violence against doctors.

Complex Decision-Making: Exempting doctors from criminal prosecution for medical negligence is a multifaceted issue requiring careful consideration of legal, ethical, and societal factors.
Ensuring Justice and Quality Care: Any policy changes must strive to protect patients’ rights while also considering the challenges faced by medical professionals, ensuring that the healthcare system remains just, accountable, and focused on delivering high-quality care. Top of Form