IIJFMT 2(2) 2004
Fifth August 2004 is a day of great relief for the doctor’s community. On this day the Supreme Court of India delivered a landmark judgment on the issue of medical negligence distinguishing between “Error of Judgment” and “gross negligence”. While deciding the case Suresh Gupta v/s State a bench of Justices YK Sabharwal and DM Dharmadhikari said, “Where a patient’s death results merely from error of judgment or an accident, no criminal liability should be attached to it. Mere inadvertence or some degree of want of adequate care and caution might create civil liability but would not suffice to hold him criminally liable”. They further added, “ It is not merely lack of necessary care, attention and skill. When a patient agrees to go for medical treatment or surgery, every careless act of the medical man cannot be termed as ‘criminal’. It could be termed ‘criminal’ only when the medical man exhibited gross lack of competence or inaction and wanton indifference to his patient’s safety and which is bound to have arisen from gross ignorance or gross negligence” (1).
In the recent past, a growing tendency was witnessed to label every incident of medical mishap as gross negligence amongst law enforcing agencies, mass media and public. The cases against the doctors were registered under Section 304 I.P.C. (Culpable homicide amounting to murder) and 304A I.P.C. (Rash and negligent Act) against the doctors. This has led to a situation, where doctors were always apprehensive of a sword hanging on their head while treating a patient. A large majority of doctors have started using defense medicine whereby increasing the cost of treatment. Many of the doctors avoided using useful procedures just to save them from criminal liability. Referring of patient to specialist for the sake of avoidance became routine. Since, majority of the patients in our country belong to poor socioeconomic strata, it is beyond their reach to cough out the cost of treatment from specialists and super-specialists.
It is in the right spirit to encourage healthy doctor patient relationship based on mutual trust and confidence and not on the lawsuits as stated in the editorial in the English daily, “ A Lawsuit a Day Keep the Doctors at Bay”(2). The present judgment of the Supreme Court will definitely help the doctors in alleviating the apprehensions of criminal case and now they can do all that is needed for the welfare of the patient. The doctors should also respond positively not only to the judgment but should further strengthen the high ethical and moral standards of the profession.
Dr. S.K. Verma
Editor
REFERENCES
1. SC Lets doctors off the Hook. Times of India. Aug 6,2004.
2. Editorial. A Lawsuit a day keeps doctors at Bay. Times of India. Aug11, 2004.