Abstract

There is no doubt that medical work is a noble one as it deals with the lives of human beings, regarded as having the highest value among all things. Ensuring a patient’s safety during treatment is the top most priority of the medical practitioner / healthcare provider. It is significant to note that human error is common and medical practitioners / healthcare providers are not immune from this rule. Not always, but there is a chance of making a mistake in situations being faced by the medical practitioners / healthcare providers. It is believed that medical practitioners / healthcare providers carry out their duties with due diligence, knowledge, skill and prudence since failing to do so constitutes medical negligence. In the current scenario, medical negligence cases are increasing day by day, whatever be the reasons, but the ultimate sufferers are the innocent persons who consult medical practitioners / healthcare providers with a firm belief of getting appropriate treatment of their health problems. This article explains the challenges in proving medical negligence and the legal remedies available for the patients or their legal representatives against the medical facilities (government hospitals, private hospitals, dispensaries, pathological and diagnostic centres and pharmacy) and the medical practitioner / healthcare provider for committing medical negligence. There are various laws like The Consumer Protection Act, 1986 as amended by The Consumer Protection Act 2019, The Bharatiya Nyaya Sanhita, 2023 and The Bharatiya Nagarik Suraksha Sanhita, 2023 under which, the aggrieved patients or the relatives and the relatives of the deceased patient can get their grievances redressed.

Keywords