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The Role of Tort Laws in Healthcare Malpractices with Respect to Indian Legal System

Author(s) C.L. Avadhani
Country India
Abstract This article examines the critical role of Healthcare laws in addressing healthcare malpractice within the Indian legal system. It defines medical malpractice, distinguishing it from medical negligence and diagnostic errors, as a breach of the standard of care by healthcare professionals/providers/facilities resulting in patient injury or death. The study elucidates the three core characteristics of medical malpractice: deviation from accepted standards of care, demonstrable patient injury, and significant damages stemming from the injury. It emphasizes that medical malpractice liability is primarily rooted in the 'Tort of Negligence' within common law of Jurisprudence. Furthermore, the article highlights the significance of informed consent, where a lack of proper disclosure regarding potential consequences can lead to liability, even without direct medical error. By exploring the legal elements required to prove medical malpractice – duty of care, breach of duty, causation, and resulting damages – the paper provides a comprehensive overview of the legal framework for addressing healthcare malpractice in India. It further analyzes the types of errors that commonly lead to malpractice claims, such as misdiagnosis, incorrect procedures, premature discharge, and medication errors. The study also acknowledges the role of private healthcare and its impact on malpractice. Finally, by referencing landmark judgments like P. Shanta vs Indian Medical Association, it reinforces the status of patients as consumers under Indian law, further solidifying their right to seek redressal for medical negligence and malpractice. Legal reforms should adopt a comprehensive approach, recognizing the interdependence of political, social, and economic factors. Fostering political stability and commitment is crucial, as a stable political environment characterized by strong leadership and dedication to legal reform provides the necessary foundation for sustained reform efforts. Increasing awareness and public participation by promoting information campaigns, civic education, and opportunities for public engagement to expand the rights and opportunities of citizens. Inculcating the public's sense of ownership and responsibility towards legal reform processes and active involvement of civil society organizations can bring diverse perspectives and contribute to inclusive decision-making. Promoting the rule of law and anti-corruption measures by establishing an independent and impartial judicial system, improving legal and judicial education, and cultivating a culture of integrity. Addressing socioeconomic inequality, ensuring that legal changes benefit all segments of society, including marginalized and vulnerable groups. Strengthening international cooperation and exchange of best practices in legal reform. The Law Commission of India has also played a crucial role in proposing changes to electoral laws to enhance transparency and fairness in the election process, identifying and recommending the repeal of numerous outdated laws, and suggesting various reforms to the Indian Penal Code and the Code of Criminal Procedure. Modernizing criminal laws aims to ensure justice resonates with society’s changing needs, and giving teeth to the existing laws for proper implementation for better outcome.
Keywords Tort of Negligence, misdiagnosis, Transformation of Information, Medical Malpractice Civil liability, Diagnostic errors, Enforcement Mechanism
Field Sociology > Health
Published In Volume 16, Issue 1, January-March 2025
Published On 2025-02-24
Cite This The Role of Tort Laws in Healthcare Malpractices with Respect to Indian Legal System - C.L. Avadhani - IJSAT Volume 16, Issue 1, January-March 2025. DOI 10.71097/IJSAT.v16.i1.1992
DOI https://doi.org/10.71097/IJSAT.v16.i1.1992
Short DOI https://doi.org/g8595q
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