Which section would be an offense if the doctor did the wrong treatment to the patient?

If the doctor is negligent in the treatment and the patient dies or a severe problem arises, then there is no need for the family members to beat the doctor. Such a doctor can be taught a lesson by staying within the ambit of the law. Victims can file cases against doctors, hospitals, nursing homes, and health centers. In this blog, you will know that if a doctor is negligent in treatment, then a case can be registered against him under which section and how much punishment can be given.

Getting the proper treatment at the right time is one of the basic needs of today's time. Sometimes it is seen that the faulty operation is done due to the carelessness of the doctor or some wrong medicines are given, due to which the patient gets permanent damage. Sometimes patients even die. Such news must have been read in the newspapers on their coming day, in which it is seen that patients go to see the eyes and their stomach is operated on or during the operation, some clothes are left in the patient's stomach. All these are examples of negligence. Due to such negligence, the patient's life is often lost.

Both criminal and civil cases can be done:

If a doctor is negligent in treatment, you can file a criminal case against him, and the doctor can be jailed. The court can award you hefty compensation if you file a civil case. In civil cases, the court tries to get maximum compensation to the aggrieved party so that fear can be created among the doctors for negligence in their duty.

What is the legal provision if the doctor is negligent?

• Under sections 304-A, 337, and 338 of the Indian Penal Code (IPC), a provision has been made that if a doctor mistreats a patient, what can be the punishment? Under these sections, the doctor can be punished with imprisonment from six months to two years and a fine.
• Although there is no intention of the doctor in this that there is any harm to the patient, the doctor often does not perform his responsibility correctly. Due to this, the patient dies, or the patient gets some severe damage. Due to which permanent disability comes in his body, the law keeps such work of a doctor in the crime category.

An offenses under section 337:

• However, there is no mention of any word like doctor in this section. But it is applicable in cases of all kinds of negligence. If the doctor's negligence causes any harm to the patient in which he does not die but causes a lot of damage to the body, then the doctor is held responsible for such damage.
• For example, some complication has come in operation, and such a complication has come due to the doctor's negligence due to wrong medicines. The doctor's negligence comes under the offense category; such negligence is mentioned in Section 337 of the Indian Penal Code. In which the doctor can be imprisoned for six months.

An offense under section 338:

• Section 338 applies when a person has caused grievous harm to another person due to a negligent act. Sometimes the negligence is so great that it causes great harm to the person in front. If any negligence causes grievous hurt to someone and causes a condition like permanent disablement, then this section will apply. The section may also apply in the case of a doctor.
• If the doctor takes carelessness in his treatment and, due to such negligence, the patient is permanently injured and crippled so that his life becomes difficult, then the doctor should be given this. The accused is made under section. According to this section, imprisonment of up to two years can be given.

An offense under section 304A:

When a patient has lost his life due to a doctor's negligence, the offense of section 304A is committed. Under this, the doctor can be imprisoned for up to 2 years.

Case: Balram Prasad Vs Kunal Saha 2013: Doctors of Kolkata's AMRI Hospital had to pay the patient Rs 6 crore 8 lakh:

• In 1998, Kunal Saha came to Kolkata to visit with his wife, Anuradha. After coming to Kolkata, his wife got a very high fever one day. After which, Kunal took his wife to AMRI Hospital in Kolkata.
• Some medicine was given there by the doctor, and after taking Anuradha's health worsened, and her skin allergy started. This allergy increased so much that blood started coming from her skin. After this, Kunal told the whole incident to the doctors there, but the doctors refused to believe that something was wrong with his treatment.
• Kunal brought his wife to Mumbai for better treatment, but it was too late, due to which Anuradha could not be saved. After this, Kunal filed a complaint against the doctor under the consumer forum.
• After the entire hearing, only the negligence of the doctor was seen. In the end, considering the doctor's failure, the Supreme Court said that the doctor and the hospital would have to pay Rs 6 crore 8 lakhs to Kunal. Along with this, it was noted that the money there would have to be given with 6% interest. The Supreme Court made this decision in 2013.

Fundamental right to get the proper treatment at the right time:

• The Supreme Court, while delivering its judgment in West Bengal Khet Mazdoor Samiti vs. State of West Bengal, held that the right to medical treatment for all is a fundamental right under Article 21 of our Indian Constitution.
• If someone's fundamental rights are violated, then the person can directly go to the High Court under Article 226 of the Indian Constitution or to the Supreme Court under Article 32.

If a person is a victim of any medical negligence, what are his rights?

• There are many cases where people become permanently disabled due to the doctor's negligence; they cannot even do any work, so their life becomes difficult to live. The law gives relief to such people here.
• Consumer Protection Act, 2019 The doctor's services have been kept under the purview of the Consumer Protection Act. Consumer Protection Act means to protect the rights of consumers. Suppose any action has been done by the person providing the service or selling the product which causes any harm to the consumer. In that case, the case is prosecuted under the Consumer Protection Act.
• A court set up under the Consumer Protection Act is called Consumer Forum. There is no court fee, and people are given free justice. However, it takes some time to get justice here as there are many cases and fewer courts. The consumer forum compensates for the loss due to a doctor's negligence.
• Like an average consumer, a consumer can complain about medical negligence in court. Since either of the parties must be a consumer for the hearing of any case in the consumer court, some bills must be paid after getting the treatment from the hospital or doctor. By doing so, the aggrieved person will be considered a consumer. Ask for treatment records along with the discharge summary. If it is not available, keep the medical bills with you. Make sure to find the name of the doctor being treated and note it with the full designation.
• If treatment is suspected to be ineffective, seek advice from another doctor.
• Immediately report the use of any expired medicine. You can also file a complaint under sections 337, 338, and 304A of the Indian Penal Code.

We hope you liked our written blogs. You can also read blogs on other legal topics available on our website. You can view our services by visiting our website. If you want any Civil or Criminal guidance or help of any Lawyer regarding the matter, You may reach us via mail at help@vakilkaro.co.in or call us at  +91 9828123489  to resolve any legal problem.

VakilKaro is a Best Legal Services Providers Company, which provides Civil, Criminal & Corporate Laws Services and Registration Services like Private Limited Company Registration, LLP Registration, Nidhi Company Registration, Microfinance Company Registration, Section 8 Company Registration