Tort of Medical Negligence in Pro Bono Cases

Abstract

Indians, of late, have risen to the challenge of healthcare and increased their efforts to provide healthcare facilities to their underprivileged compatriots. This is primarily being done through NGOs and other organizations many of which are funded by the Government. One of the most popular ways to do so have been establishment of health centers which provide the poor with free of cost health services. As we know, instances of malpractice and negligence, unfortunately, have penetrated into every known field and medical field is no exception to this. The usual legal cases of medical negligence are usually covered under the Consumer Protection Act, 1986 but not the cases of negligence and malpractice in the above mentioned health camps because the poor beneficiaries don’t qualify as “consumers” since they haven’t paid any sort of consideration for the services they availed. This research paper seeks to bring to light the role of NGOs and social activists as primary and secondary health care providers in India, unearth their underlying issues but at the same time, lends a special eye to the instances of medical negligence in their camps. The paper in its quest to do so, tries to answer few questions like whether those poor people have any remedy and if yes, then how can they avail it? And whether there is need for procedural guidelines and policy considerations to safeguard the rights of poor and save them from the vicious legal cycle of this country?