Who do we trust the most when we or our loved ones are ill? The doctors. However, what if the profession we trust the most acts negligently? Do we have a recourse? Who shall be held accountable? This is where laws against medical negligence safeguard us. In India, medical negligence cases are dealt with under tort law. This means that medical negligence is treated as a civil wrong. A civil wrong means that the act and effect of the act infringe a right of an individual.
However, as far as the laws are constructed for the safeguard against negligence, there have been instances where medical professionals have been subjected to harassment by filing false legal cases against them. This is also attempted to avoid payment of fees by looping in the medical professional in the long legal battle. This not only hampers the operational freedom and reputation of the professional, but also affects the mindset of the doctors in the country belonging to a profession which is responsible for the well-being of the society. The emotional and financial cost of these false cases not just affects the very individual professional but also inculcates a hesitation in taking bold steps during the treatment of patients.
