The Indian Laws have laid down specific laws and provisions that affect the medical profession, and it's working effectively. Below mentioned are the laws which prevent medical negligence and protects the interests of the patients. Along with being implicated under the Consumer Protection Act, the medical practitioners attract liability under:-
INDIAN CONSTITUTION
Article 21 of the Indian Constitution states that no person shall be deprived of his life or personal liberty except for the procedure that is established by the law.
Article 32 of the Indian Constitution speaks about the Right to Constitutional Remedies. The Supreme Court is given authority to issue orders, directions, or writs and is considered as the guarantor and protector of the fundamental rights.
Article 41 of the Directive Principles of State Policy, the State can make effective provision in order to secure the right to work, education and public assistance in cases of unemployment, sickness and disablement, old age, etc. within its jurisdiction.
Article 42 of the Directive Principles of State Policy states that the State can make provisions for securing just conditions of work for the maternity relief.
Article 47 of the Directive Principles of State Policy says that in order to raise the standard of living of the people and the level of nutrition to improve the public health, in particular, the State can endeavour to prohibit the consumption of intoxicating drinks and drugs that are injurious to health except for the medicinal purposes.
INDIAN PENAL CODE
Section 52 - Anything done without due care and attention cannot be considered as an act done in good faith.
Section 80 - Anything did accidentally or by misfortune and without any criminal intention or lawfully doing an act by lawful means and with proper care and caution is not an offence.
Section 81 - Act done likely to cause harm, without criminal intent, or because of it is being done with the knowledge that can cause them harm, but is done in good faith, for preventing or avoiding other harm to the person or property then it is not an offence.
Section 88 - If a person performs the act in good faith for the benefit of another person, and he does not intend to cause harm even if there is a risk and the patient has implicitly or explicitly given the consent for the same.
Section 90 - If an individual gives the consent underneath the worry of damage, or under a false impression of fact, and if the individual doing the act knows or think, that the consent was given consequently of fear or misconception; or if the consent is given from unsoundness of the individual, and is unable to appreciate the character or outcome of which he gives his consent; or if the consent is given by child with who is under twelve years of age.
Section 92 - The act is done in good faith for the benefit of an individual without his consent is not an offence. The harm which is caused by the intention of improvement in just the right faith, without the consent of the character. If such cases arise that the character is incapable of giving consent, and has no lawful guardian from whom it is possible to get the consent.
Section 304-A - If a person commits a rash or negligent act which leads to the culpable homicide then he shall be punished with imprisonment for a term which may extend to two years, or fine, or both.
Section 337 - If a person commits a negligent act which threatens human life or safety of others will be punished with imprisonment for a term that extends for six months, along with fine extending to five hundred rupees, or both.
Section 338 - The person who causes grievous hurt to any individual rashly or negligently, to endanger the human life or the safety of that person will be punished with imprisonment for a term of two years which may extend or a fine of one thousand rupees or with both.
By: Admin
Date: Jul 23rd 2019
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