1Assistant Professor, Department of Forensic Medicine, Dayanand Medical College & Hospital, Ludhiana, Punjab
2HOD Deptt of Forensic Medicine and Toxicology, GMCH, Chandigarh
3Professor, Department of Forensic Medicine & Toxicology, Government Medical College & Hospital (GMCH), Sector 32, Chandigarh
*Corresponding Author Varun Modgil, Assistant Professor, Department of Forensic Medicine, Dayanand Medical College & Hospital, Ludhiana, Punjab, Email: varunmodgil27@gmail.com
Online published on 18 March, 2025.
The Supreme Court of India decreed that a physician owes a duty of care towards his patients while deciding whether or not to embark on the case and a duty of care in deciding the mode of administration and modality of the proposed treatment plan. Any breach of duty would make him liable for a cause of action against him.
A total of 89 cases within a 21/2 year period were studied with the aim of analysing the pattern of cases of medical negligence filed in the State Commissions of Northern India; reasons for filing them, outcome of the suits and the time frame of decision making process.
Doctors belonging to single specialty (in comparison to composite negligence) were implicated in 82% cases and General Surgery was at the highest risk of litigation, with 16.5% cases, followed by Gynaecology, 11%. Most of the litigants were male and from urban areas. Maximum cases were filed against self-owned establishments, while govt. hospitals were the most immune.
This study is an attempt towards this direction i.e. tracing the reasons of litigation, especially with an emphasis on judicial interpretation of the defined and anticipated standards of patient care. It was undertaken.
Surgical branches were more at risk and private set ups faced maximum cases of litigations. Rather than conventional issues, complaints regarding improper consent/ improper referral and documentation, etc, were on the raise.
Medical Negligence, Duty of Care, Cause of Action, Patient Autonomy, Informed Consent, State Commissions
