Medical Negligence Under Bharatiya Nyaya Sanhita

Significant changes have been observed with the introduction of Bharatiya Nyaya Sanhita, 2023 (BNS), particularly in the domain of medical negligence. Medical negligence refers to situations where a doctor fails to provide the required standard of care to a patient, resulting in harm or injury. The enactment of BNS has introduced more stringent punishments to ensure accountability and enhance healthcare standards in India.

What is Medical Negligence?

Negligence occurs when a person breaches their duty of care, resulting in harm to another individual to whom they owe that duty. In medical terms, negligence happens when a healthcare professional fails to perform their duties with due diligence and care, leading to harm to the patient. This harm could manifest in various ways, such as:

• Financial losses
• Mental agony
• Loss of life
• Physical trauma

Essentials of Medical Negligence

To establish a case of medical negligence, the following essential elements must be present:

• Existence of Legal Duty: The medical professional must have a legal duty to provide appropriate care to the patient.
• Breach of Duty: The professional must have failed to fulfil their duty of care.
• Resultant Injury or Harm: The patient must have suffered harm due to the breach.
• Direct Link Between Breach and Injury: There must be a causal connection between the breach of duty and the harm suffered by the patient.

New Provisions Under BNS Related to Medical Negligence

The introduction of BNS aims to enhance healthcare standards by imposing stricter punishments for medical negligence. Previously, medical negligence cases were dealt with under Section 304A of the Indian Penal Code (IPC), 1860. Under BNS, these provisions have been replaced and elaborated under Section 106.

Key changes include:

• The punishment for medical negligence has been enhanced to up to 5 years of imprisonment.
• A separate punishment has been introduced for registered medical practitioners, reducing the imprisonment period to up to 2 years, recognising their specialised role in healthcare.
• Mandatory punishment with imprisonment, ensuring accountability.

Section 106 (1) of BNS: Key Provisions

Section 106 of BNS specifically deals with the provisions related to causing death by negligence. The key aspects include:

• General Provision: Any person causing the death of another by a rash or negligent act not amounting to culpable homicide shall face imprisonment of up to five years, along with a fine.
• Registered Medical Practitioners: If the act is committed by a registered medical practitioner while performing a medical procedure, the punishment is reduced to up to two years of imprisonment, along with a fine.
• Definition of a Registered Medical Practitioner: The law defines such a practitioner as someone holding recognised qualifications under the National Medical Commission Act, 2019, and registered in the National Medical Register or a State Medical Register.

Impact of Introduction of Medical Negligence Under BNS

The introduction of stringent provisions under BNS is expected to have a significant impact on healthcare practices in India:

• Reduction in Negligence Cases: The fear of strict penalties will encourage medical practitioners to exercise greater caution in their duties.
• Increased Accountability: The law ensures that patients receive appropriate care, holding doctors accountable for any lapses.
• Patient Protection: Patients will have better legal recourse and confidence in seeking justice.
• Challenges for Medical Practitioners: Some medical professionals may develop fear of legal repercussions, potentially impacting their decision-making in critical situations.
• Awareness Issues: Many patients may still be unaware of their legal rights, making it necessary for advocacy and awareness programs to bridge the gap.

Landmark Cases Related to Medical Negligence

Several judicial pronouncements have shaped the legal landscape of medical negligence in India and abroad. Some of the notable cases include:

Jacob Mathew v. State of Punjab and Another (2006)

The Supreme Court defined negligence as the failure to exercise ordinary care or skill, resulting in damage to the plaintiff. The court distinguished between medical negligence and criminal negligence.

Bolam v. Friern Hospital Management Committee (2005)

The UK court held that negligence arises when expected standards of care are not met. However, if due care is exercised, negligence cannot be established.

Kusum Sharma v. Batra Hospital and Medical Research (2010)

The Supreme Court held that negligence occurs when a professional does or omits something that a prudent individual would or would not do.

Conclusion

The introduction of medical negligence provisions under Bharatiya Nyaya Sanhita, 2023, signifies an important step toward improving healthcare standards and accountability. While these provisions aim to protect patients and ensure justice, it is equally crucial to address the concerns of medical professionals to maintain a fair and balanced healthcare system. Enhanced awareness, robust legal mechanisms, and ethical medical practices will collectively contribute to a safer healthcare environment in India.