A Legal Perspective Of Medical Malpractices In Tamilnadu

Abstract

The relation between doctor and patient plays crucial role in the patient treatment. But recently things have changed rapidly with less doctor to patient ratio. Doctors are under burden to look and treat more patients, this has definitely reduced the time exchange between patient and doctor. The issue of patients' rights is relatively unknown in our country but it is often recalled when an incident of death or disability is suspected as being caused by a physician's error. However patients' rights are being violated thousands of times every day in our country. More than these patients' rights' violations, the essential point is the lack of a mechanism to claim those rights and to complain about the practices which violate them. In our country, patients and their relatives are uninformed, powerless and unprotected against physicians and health organizations, and they typically accept whatever happens to them without complaint. Some of the reasons for this are, presumably, an underdeveloped consciousness of patients' rights, an absence of patient organizations, and insufficient ethical and legal regulations on patients' rights. These deficiencies were diminished somewhat by the "Regulation on Patients' Rights," which was prepared by the Ministry of Health in 1998. Another legal draft law referred to as "Responsibilities Due to Malpractice in Medical Services" has been prepared and is in the process of becoming law. This in turn has resulted in malpractice and negligence. So cases of litigations and allegations against doctors are increasing day by day. This article focusses on the precautions which are to be taken for the practicing doctor during the treatment of the patient and various determinants which proves whether the doctor is negligent or not.