A 10 year Review of Judgments on Alleged Medical Negligence Cases by the Supreme Court of India James RI1,*, Manoj D2, Johnson LR3, Karunya PE4, David SNJ5 1Associate Professor, Department of Forensic Medicine & Toxicology, Christian Medical College, Vellore 2Assistant Professor, Department of Forensic Medicine & Toxicology, Christian Medical College, Vellore 3Assistant Professor, Department of Forensic Medicine & Toxicology, Christian Medical College, Vellore 4Legal Officer, Legal Section, Christian Medical College, Vellore 5Head of the Department, Hospital Management Studies, Staff Training & Development, Christian Medical College, Vellore *Corresponding Author, Dr. Ranjit Immanuel James, Email: ranjit_immanuel@yahoo.co.in, Mobile No: +91 8105694947
Online Published on 26 July, 2024. Abstract Doctors have obligations to their patients, and if those obligations are broken, they may be considered negligent. More than ever, Indians are aware of their rights as consumers under the Consumer Protection Act (CPA). As a result, more people are suing doctors for medical negligence and turning to redressal forums for assistance in minimising their loss or harm. As a result, it is necessary to recognise and take care of the crucial elements that influence how a case of alleged medical negligence is decided. For this study, a review of rulings from the period of January 2012 to December 2021 (10 years) was taken from the Supreme Court website using a free text search for the term "medical negligence". 63 judgements in total were discovered; 34 of these were excluded, and 29 were included in this study. When compared to medical specialties, surgical specialties are at a higher risk of being sued for medical negligence, according to the examination of the rulings. The majority of lawsuits were brought against obstetrics and gynaecology. Overall, the result favoured doctors and hospitals in 55.2% of the decisions. Medical records were a major factor in the decision in 87.5% of all verdicts in favour of the doctor or hospital. The medical community must accept that there is significant space for improvement in patient care since medical negligence lawsuits against doctors continue to be a major problem in India. Top Keywords Consumer protection act, Judgment, Medical negligence, Medical records, Supreme court. Top |