Malpractice occurs when a health care provider deviates from the recognized medical standard of care in the treatment of a patient. However, for a case to be viable, a plaintiff must show that harm directly resulted from the negligence. Most medical malpractice lawsuits involve considerable harm or disability resulting in lost income, significant past and future medical bills, pain, suffering, and hardship. At Kashyap Partners & Associates, we believe in the pursuit of justice for all parties and uphold this in the advocacy, counsel, and representation of our clients. We represent the patients who are at the receiving end of an act of medical negligence by the medical practitioner or hospitals, and we also represent the doctors and healthcare institutions that are victims of malicious suits.

1. C O N S U M E R P R O T E C T I O N A C T , 1 9 8 6
MEDICAL MALPRACTICE
IN INDIA
Rashi Shahrawat, Associate
https://www.kpalegal.com/

2. https://www.kpalegal.com/Rashi Shahrawat, Associate
Enactment of Consumer Protection Act, 1986
Enactment of Consumer Protection Act, 1986 brought the much-needed relief to
the general Indian consumer against goods/service providers.
It was after the Supreme Court decision in Indian Medical Association v. V.P.
Santha in December 1995, that medical patients were granted the right to seek
relief through the fast track procedure under the Consumer Protection Act,
1986.
Since then the aggrieved patients and their family have found a forum to seek
justice against doctors guilty of medical negligence. But, the Consumer
Protection Act deals with the failure of service contracts between the patient
and the doctor/hospital, in practice, it fails to deter medical malpractice.

3. https://www.kpalegal.com/Rashi Shahrawat, Associate
Enactment of Consumer Protection Act, 1986
A perusal of the Indian case laws on medical negligence and
malpractice highlights that whenever medical negligence is proved
against a doctor, the liability is set up mostly in the form of
monetary compensation.
The delinquent doctors continue to practice without any other
punitive measures against them.
Proving medical negligence in India is arduous

4. https://www.kpalegal.com/Rashi Shahrawat, Associate
Story of an husband, Dr. Kunal Saha
One Success Story is that of an aggrieved husband, Dr. Kunal
Saha, an American citizen and doctor of Indian origin who had
taken Kolkata’s AMRI Hospital and three of its doctors to court.
In a legal battle that lasted 15 years, Saha proved that his wife
Anuradha, who died in 1998, was a victim of “gross dereliction of
duty” by the doctors.
The doctors treating her administered a higher-than-recommended
dose of a steroid called Depomedrol.
Saha was awarded a compensation of Rs. 11 crore by the Supreme
Court in 2013, the highest amount in a medical negligence case in
India.

5. https://www.kpalegal.com/Rashi Shahrawat, Associate
Story of an husband, Dr. Kunal Saha
However, this was not what Dr. Saha was seeking justice from the Indian
judiciary. Dr. Saha filed a fresh petition in the Supreme Court seeking removal
of the names of the three doctors involved from the register of Medical Council
of India, thereby denying them the right to practice medicine.
He stated in his petition that he had not approached the court for
compensation but to ensure that such negligent doctors do not remain in
practice.
Supreme Court of India, In 2017 denying Dr. Saha’s petition stated that the
delinquent doctors had already been punished and defamed for being
negligent.
The record compensation awarded by the Supreme Court in the Kunal Saha
case was deemed a “deterrent and a reminder” to the medical community.

6. https://www.kpalegal.com/Rashi Shahrawat, Associate
Story of an husband, Dr. Kunal Saha
But, years later the death of two seven-year-old children in Gurgaon’s state-
of-the-art multispecialty hospitals;
Fortis and Medanta in 2017 show that this judgement had not, at any rate,
proved a deterrent to the corrupt and malpractices adopted by the Corporate
Hospitals.

7. https://www.kpalegal.com/Rashi Shahrawat, Associate
Story of an husband, Dr. Kunal Saha
Chapter-8, para 8.2 of the Indian Medical Council (Professional
conduct, Etiquette, and Ethics) Regulations, 2002, (Code of Medical
Ethics) gives the Medical Council having jurisdiction the power to
remove the name of doctors from the register who are found guilty
of professional misconduct.
Chapter-7 of the Code of Medical Ethics lists down acts which
constitute as professional misconduct, and among them is the
violation of the Code of Medical Ethics which stipulates the duty of
utmost care by the doctors.

8. https://www.kpalegal.com/Rashi Shahrawat, Associate
Story of an husband, Dr. Kunal Saha
Therefore, punitive action should be taken under Chapter-8
of the Code of Medical Ethics against a doctor found guilty
of medical negligence, which according to the extent of
negligence should be the removal of the delinquent
doctor’s name from the register either permanently or
temporarily.

9. https://www.kpalegal.com/Rashi Shahrawat, Associate
Current Redressal System
Current redressal system only provides relief against the breach of
a service contract by the doctor and does little to stop medical
malpractice.
The real deterrent to medical negligence and malpractice is not
courted ordering compensation to be paid by those responsible but,
the termination of the license of the negligent doctors by the
Medical Council.
However, having stated that, it is essential that a proper test
mechanism is a set-up to ensure that the Medical Council does not
act arbitrarily in punishing the guilty doctors.

10. https://www.kpalegal.com/Rashi Shahrawat, Associate
Current Redressal System
We want a legal system that is fair and balanced, laws that are
made to protect the rights of the patient should not be misused
against the doctors.
The aim should be to put in place a regulatory and redressal system
that instills confidence of the patients in their doctors meanwhile
protecting innocent doctors against fraudulent claims.

11. https://www.kpalegal.com/Rashi Shahrawat, Associate
References
Indian Medical Association v. V.P. Santha [AIR 1996 SC 550]
Indian Medical Council (Professional conduct, Etiquette and Ethics)
Regulations, 2002, available at https://www.mciindia.org/CMS/rules-
regulations/code-of-medical-ethics-regulations-2002
http://www.livelaw.in/hefty-compensation-awarded-in-anuradha-saha-
medical-negligence-case/
https://medicaldialogues.in/supreme-court-rejects-petition-of-dr-kunal-
saha-in-medical-negligence-case/
http://www.thehindu.com/todays-paper/tp-opinion/a-cure-for-medical-
malpractice/article23995219.ece

12. https://www.kpalegal.com/Rashi Shahrawat, Associate
CONSUMER PROTECTION LAW SERVICES
There are many tools that protect a consumer, and knowing what these tools
are, is your right as a consumer. If you have been misled by false
advertisement or swindled by unfair business practices, then we can help you
through our consumer protection practice. At Kashyap Partners & Associates,
we make you understand the rights that have been afforded to you and how
you can enforce them for your own protection
Kashyap Partner & Associates
ABW Towers, Suite 305
IFFCO Chowk, M.G. Road
Gurugram, Haryana - 122002
India
Telephone: +91 9818369662,+91 9910018899
E-mail: info@kpalegal.com