{"id":275240,"date":"2023-12-27T11:20:46","date_gmt":"2023-12-27T05:50:46","guid":{"rendered":"https:\/\/forumias.com\/blog\/?page_id=275240"},"modified":"2023-12-27T11:20:46","modified_gmt":"2023-12-27T05:50:46","slug":"answered-critically-examine-the-legal-provisions-related-to-medical-negligence-in-india-how-does-the-bharatiya-nyaya-second-sanhita-bill-2023-impact-the-accountability-and-protection-of-medical","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-critically-examine-the-legal-provisions-related-to-medical-negligence-in-india-how-does-the-bharatiya-nyaya-second-sanhita-bill-2023-impact-the-accountability-and-protection-of-medical\/","title":{"rendered":"[Answered] Critically examine the legal provisions related to medical negligence in India. How does the Bharatiya Nyaya (Second) Sanhita Bill, 2023, impact the accountability and protection of medical practitioners?"},"content":{"rendered":"<table style=\"width: 100.649%;\">\n<tbody>\n<tr>\n<td style=\"width: 100%;\" width=\"601\"><strong>Introduction: <\/strong>Define medical negligence.<\/p>\n<p><strong>Body: <\/strong>Highlight legal provisions related to medical negligence in India and their impact on doctors.<\/p>\n<p><strong>Conclusion: <\/strong>Way forward<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Medical negligence is the term used to describe when a healthcare provider or medical professional violates their duty of care and causes harm, injury, or death to a patient. In India, complaints involving medical malpractice are usually filed as civil lawsuits in the relevant court, seeking damages. If a patient dies as a result of a healthcare professional&#8217;s negligence, in certain situations, criminal charges may also be brought against them.<\/p>\n<h2><strong>Provisions related to medical negligence in India<\/strong><\/h2>\n<ul>\n<li><strong>Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002:<\/strong> These guidelines outline the duties and responsibilities of medical practitioners, including the need to obtain informed consent from patients, maintain medical records, and adhere to medical ethics.<\/li>\n<li><strong>Consumer Protection Act of 2019<\/strong>: This important piece of legislation protects the rights of customers, including those who are looking for medical services. The Act offers a legal path to compensation in the event of medical malpractice and inadequate medical care.<\/li>\n<li><strong>Indian Penal Code (IPC): <\/strong>Sections 304A and 337-339 of the IPC deal with offenses related to causing death or harm by a rash or negligent act, including those committed by medical professionals. These sections may be invoked in cases of criminal negligence.<\/li>\n<\/ul>\n<h2><strong>Impact of Bharatiya Nyaya (Second) Sanhita Bill, 2023 on accountability and protection of medical practitioners:<\/strong><\/h2>\n<ul>\n<li><strong>Less severe punishment: <\/strong>Under the BNS, the punishment for causing accidental death (like road traffic death) was increased to a maximum of five years while if such an act is committed by a medical practitioner during a medical procedure shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to a fine. This provision allows the same penalty that was specified under Section 304(A) of the Indian Penal Code (IPC).<\/li>\n<li><strong>Accountability:<\/strong> The newly drafted bill takes note of <strong><em><u>Jacob Mathew vs the State of Punjab &amp; Anr. (2005)<\/u><\/em><\/strong> which lays down the accountability of medical practitioners in cases of medical negligence. The case highlights a framework that focuses on professional standards and the importance of medical ethics, the opinion of experts to establish negligence, and establishing principles of defining \u201cgross\u201d negligence leading to criminal liability.<\/li>\n<\/ul>\n<h2><strong>Conclusion<\/strong><\/h2>\n<p>The new bill instills confidence in doctors, especially in critical situations, eliminating the fear of imprisonment and allowing them to take calculated risks which is beneficial for the doctor-patient relationship\u00a0making it a positive development for public health.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction: Define medical negligence. Body: Highlight legal provisions related to medical negligence in India and their impact on doctors. Conclusion: Way forward Medical negligence is the term used to describe when a healthcare provider or medical professional violates their duty of care and causes harm, injury, or death to a patient. In India, complaints involving&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/answered-critically-examine-the-legal-provisions-related-to-medical-negligence-in-india-how-does-the-bharatiya-nyaya-second-sanhita-bill-2023-impact-the-accountability-and-protection-of-medical\/\">Continue reading <span class=\"screen-reader-text\">[Answered] Critically examine the legal provisions related to medical negligence in India. How does the Bharatiya Nyaya (Second) Sanhita Bill, 2023, impact the accountability and protection of medical practitioners?<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-275240","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/275240","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=275240"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/275240\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=275240"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}