All that you make must be the right path, taking in your thought honesty and trust. This must result the prevention of medical mistakes .This essay helps you know the huge effect of medical mistakes due to very significant causes which include miscommunication, handwritten order and psychological human factor. On the other hand, the main effect of medical mistake is lack of trust between patient
Ad idem the Hon’ble Judges have categorically held that the patient has a right to be treated with a reasonable degree of care, skill and knowledge. A mistake by a medical practitioner which a careful practitioner would have committed is nothing short of negligence. But the law recognizes the dangers which usually happnes in surgical operations, where the operations is a race
Patients in different healthcare settings are vulnerable due to their conditions and sometimes lack the ability to share their challenges such as poor quality treatment and hospital-associated infections. There are cases when hospitals undermine ethics and ignore their patients’ values and interests. Healthcare professionals therefore have a responsibility to empower their patients with information on important medical decisions. However, some nurses ignore the need to communicate the risk of hospital-associated infections leading to undesirable outcomes. In cases when a hospital records a higher rate of HAI, it is important to inform a patient of the risk.
Every act or omission by a healthcare professional can have dire results on his patient. Medical negligence is mainly the application of the general law of negligence on to the medical profession. The elements of negligence are the duty of care, breach of that duty of care, causation and actual damage to that person or property1. The same principles applies in medical negligence, however specific to this area, more attention is paid in the areas of causation and the level of standard of care that was given. Establishing a duty of care for a medical professional is usually straight forward, that by offering to treat a patient, the doctor is automatically in a relationship with that patient.
Present study reflected that general population has quite a good knowledge regarding medical negligence which may increase gradually over a period of time due to news papers, internet and other resources. As per Article 51 A(h) of the Constitution of India, there is a moral responsibility on the doctor, and a legal duty of medical practitioner to maintain and preserve medical, medico-legal, and legal documents related to patients in the best interests of social and professional justice . While answering questions about medical negligence the general population answered them but when detailed has been probed about various liabilities and judicial system related to medical malpractice very few of the participants were able to answer. This indicated that general population have only a limited understanding about negligence and law and more efforts should be made to sensitize them about law and liabilities related to medical practice. Although a number of studies aimed at assessing the knowledge and awareness towards medical negligence have been published, but continuous assessment is still
MEDICAL NEGLIGENCE LIABILITY UNDER CONSUMER PROTECTION ACT: JUDICIAL APPROACHES IN INDIA ABSTRACT Medical profession is a noble profession. The relationship between the patient and the doctor is based on mutual trust and faith. Consumer Protection Act, 1986 is a very unique and highly progressive piece of social welfare legislation and the provisions are intended to provide effective and efficient safeguards to the consumers against various forms of exploitations and unfair dealings. It is a handy weapon of consumer to ensure accountability of service providers. The patients have started using this Act, when they are aggrieved by medical negligence of the health care.
It is expected that medical practitioners should abide by these code of medical ethics; it is an obligation on the part of medical practitioner to fulfill certain rights and expectations of the patients. But there is fast spreading professional misconduct amongst the medical practitioners. The unethical practice has gone to a level where the basic purpose of medical profession i.e. service to humanity fails such type of unethical practice has led to deterioration of this profession, which was once considered as a noble profession. Commercialization is the new boom in the society, honest professions are also part of this commercialization be it teaching, medical, law etc.
These impacts can reach the physicians’ self-awareness, resulting to self-doubting, and even distrusting oneself, and eventually will lead, unfortunately, to a negative patient care. In connection with all these things stated above, the researchers have yielded an idea to study the impacts of a dying patient to a medical doctor, and how do medical doctors cope with these circumstances. More specifically, the researchers have decided to venture on a phenomenological research which talks about on how do medical doctors cope with their first patient’s death. The said research is also a great help for other students, or other researches who are interested in the said topic, to be more equipped and have more background studies with this additional
The former attributes are the core dimensions of patient centered care. By addressing these attributes there is an excellence in improving quality patient care (Kitson et al. 2013). Thirdly, patients often priorities their problems while interacting with healthcare professionals, which ultimately leads to the focus of subjective care. Lastly, the patient complaint can be made without an awareness of the organisational influencing pressures, such as Federal or state legislation or staff shortage or increasing workloads (Reader, Gillespie & Roberts 2014).