Profile of medical negligence cases in India

Abstract

In these present days of medical practice, patient doctor relation has deteriorated due to loss of trust and faith in medical fraternity. Increase in medical negligence cases is largely attributed to awareness of medical knowledge, rights of patient and also the rise in medical cost. In the present study 41 cases of medical negligence cases proved in National Consumer Disputes Redressal Commission/National Commission (NCDRC/NC) were studied. Objective of the study was to knowthe nature and pattern of deficiencies in service & related medical negligence cases. Medical negligencecases involving surgical procedure accounted for 33 cases (80%) and Medical treatment 8 cases (20%). Medical negligence cases most commonly proved in Obstetrics and gynecology i.e. 12 (29.2%) followed by Orthopedics i.e. 9 cases (21.9%) and then General Surgery 8 case (19.5%). Ophthalmology and Anesthesiology accounted for 5 cases each (12.1%). Hospitals were held negligent along with the consultants in 14 cases (34.4%) and Hospital alone in 1 case. Consultants were compositely held negligent in 10 cases (24.3%). Contributory negligence present in 1 case. 9 cases (30%) of res ipsaloquitor were found in our study. 9 cases (30%) were account for failure to take proper informed consent. Unqualified staffs were accounted for 5 cases (14.6%). In 13 cases (31.7%) medical records were not properly maintained by the hospitals. 20 Patients (48.7%) presumably died due to negligence of doctors. In 11 cases (26.2%) consultants failed to conduct the necessary investigation. In 6 (14.6%) cases consultants failed to manage postoperative complication.