- ABSTRACT- While in order to provide relief for his medical issue, it is quite evident that a patient visiting a doctor clearly anticipates a doctor with all the expertise as well as the necessary skills, and furthermore, the relationship takes on the nature of a contract wherein it retains the fundamental elements of tort and where a doctor owes specific duties to his patient, and more significantly, a violation of any of these duties essentially creates a cause of action primarily against the negligence of the doctor. Subsequently, it can also be noted that the doctor has a responsibility to acquire prior informed consent from the patient before performing diagnostic tests and therapeutic management accordingly, as well as it can also be noted that the services of doctors are principally governed by the provisions of the Consumer Protection Act, 1986, and more crucially, the patient can pursue grievance redressed from Consumer Courts. In instances of medical treatment, it can primarily be noted that case laws serve as a significant source of law in resolving various issues of negligence.
According to reports by Forbes, we can primarily observe that medical errors rank as the third leading cause of death in the United States, and additionally, it can also be noted that this has consequently led to 250,000 deaths based on recent findings. The primary reason for this can be traced back to medical negligence that arises when medical providers fail to meet their professional obligations accordingly, and so, keeping all these factors in mind, we will be examining the aforementioned topic in detail through facts, illustrations, case laws, etc.
KEYWORDS-
[Medical Negligence and Medical Malpractices, healthcare industry, Bolam Case, doctor or medical practitioner]
1.2 INTRODUCTION- If we look into the duties of the physician, then we can clearly observe that the general characters of physician (doctors with qualification of MBBS with post graduate degree/diploma or mainly with equivalent qualification in any medical discipline) then it can be basically observed that the physician shall basically uphold the dignity and honour of his profession, further the prime object of the medical profession is to mainly render service to humanity; reward or financial gain which is a subordinate consideration. Who-so-ever mainly chooses his profession, mainly assumes the obligation to conduct himself wherein accordance with its ideals and more importantly a physician should be an upright man, as well it has instructed in the art of healings respectively and more importantly he shall keep himself pure in character and also be diligent in caring for the sick and he should perform his duty with utmost modesty, soberness, prompt in discharging his duty without anxiety also conduct himself with propriety in his profession as well as in all actions of his life. Then further, no person other than a doctor having qualification which is recognized mainly by the Medical Council of India as well as registered with Medical Council of India/State Medical Council (s) which is mainly allowed to practice Modern System of Medicine or Surgery respectively and more importantly a person obtaining qualification in any other system of Medicine is basically not allowed to practice Modern System of Medicine in any form.
Now if talk about the duty of maintaining good medical practice, then it can be simply observed that the principal objective of the medical profession is mainly to render service to humanity with full respect for the dignity of profession and man respectively as well as physicians should merit the confidence to patients mainly entrusted to their care as well as rendering to each a full pleasure of service and devotion. For the benefits of their professional attainments, physicians should try continuously to improve medical knowledge and more importantly the skills and should make available to their patients as well as colleagues.Finally the responsibilities of the physician extend not only to the individuals but also to the society which has been mainly honoured in the ideals of medical profession respectively.While tracing the history of medical negligence, it can basically be observed that in the year 1754 BC the Hammurabi’s Code mainly provided the idea wherein the doctors being responsible for their actions dated back thousands of years and more importantly in Hammurabi Code of the earliest recorded law codes, there are sections about repercussions for medical mishaps as well as the code says that the doctor should be punished if the doctor makes a mistake wherein it is related to causing harm during surgery.
Further, in the 5th Century BC it can basically be observed that the Hippocratic Oath wherein it was something that doctors have been using since the time of the ancient Greeks in order to swear ethical behaviour in their practices and more importantly attributing to Hippocrates who was known as the father of Western medicine, the oath has had multiple versions over the years but more importantly they all boil down to “Do no harms” respectively and also many important countries still considered the oath a rite of passage in order to practice medicine.
In the year 2017, it can be noted that significant changes occurred where the legislation contributed to enhanced safety for patients; however, doctors still commit errors, with only 6% of doctors being primarily accountable for approximately 60% of all malpractice payments, which led to patient incidents at 34%. Additionally, the total cost for medical malpractice in the United States is roughly $55. 6 billion based on recent data. All of these constitute the history of medical negligence and malpractices. Now focusing on the core issue, we must first grasp the nature and attributes of the population and society in order to better understand the topic. Therefore, it proceeds as follows- As it is widely known, births are dependent on fertility while deaths are primarily influenced by mortality; thus, three factors—mortality, fertility, and migration—essentially impact the population size in a specific area. Beyond socio-cultural interaction, human populations cannot thrive, and significantly, society serves as both a necessary and sufficient catalyst for population trends. Consequently, a balance between these elements is crucial; no society can permit unchecked population growth, and moreover, a continual population increase without a corresponding rise in food supply would primarily lead to hindered production.