a) Medical Council of India and Dental Council of India.
b) Civil Courts.
c) MRTP (Monopolies and Restrictive Trade Practices Commission)
d) Public Interest Litigation.
e) Sections of Indian Penal Code, 1860
Regulation of The Practice of Medicine
a) Indian Medical Council Act,1956
India (MCI) and the State Medical Councils.
Authorizes the Medical Council of India (MCI) to recognize the medical qualifications granted by any Authority or Institution of India or other countries.
Authorized the MCI to maintain a register of medical practitioners to be known as the Indian Medical register, which consists of the entries of all the State Registers of medical practitioners.
Empowers the State Medical Councils to punish persons who falsely claim to be registered or misuse titles and when medicine is practiced by unregistered persons, with fine or imprisonment or both.
Authorizes the MCI to prescribe standards of professional conduct and etiquette or Code of Ethics for medical practitioners. The violations of these standards constitute infamous conduct (professional misconduct).
State Medical Councils are empowered to take disciplinary action when prescribed standards of professionals conduct and etiquette or Code of Ethics are not observed by the doctors and violations of which constitute professional misconduct / Infamous conduct.
Under the following circumstances, a doctor can be temporarily or permanently debarred from practicing medicine.
Improper or indecent conduct towards the patient
Conviction in a Court of Law
certificates, reports and other documents
Contravening the Drugs and Cosmetics Act, 1940
Selling scheduled poison
Performing or abetting an illegal operation
Receiving or giving commission or using touts
Employing unqualified persons
Associations with (drug) manufacturing firms
Running shops (dispensing chemists) etc.
Failure to give professional service for certain things on religious grounds.
An aggrieved patient can complain to the Rights and Privileges of Registered Medical Practitioners Conferred by the Indian Medical Council Act, 1956.
Right to choose a patient
Right to add title, descriptions of the academic qualifications to the name
Right to practice medicine
Right to dispense medicines
Right to possess and supply dangerous drugs to the patients
Right to recovery of fees
Right to issue medical certificates
Right to give evidence as an expert in a Court of Law
The aggrieved patients can file a case against the doctor for monetary compensation for which the patient to pay court fees that depends upon the compensation sought.
Probably, due to near acceptance of medical negligence as inevitable by the patients and their relatives or local settlements, not many cases have reached the apex court of law in the past.
The legal remedies are based on the law of Torts, Section 1-A of the Fatal Accidents Act, 185536 and the Section 357 of Cr. P.C., 197337. But to avail it, an aggrieved patient have to wait for years and spend considerable amount of money on litigations.
The civil court cases take care the route of Sub-Court, District Court, High Court and Supreme Court.
An aggrieved patient can directly approach the High Court or the Supreme Court when his/her grievances was not properly redressed. PILs are usually resorted when public health programmes are not implemented properly. Some of the landmark judgements on Supreme Court on health are the result of PILs.
This has adopted the provisions of English Fatal Accidents Act of 1846 (re-enacted in 1976) with a little modification. This Act aims of providing compensation to the family of the deceased for loss occasioned by the death of a person caused by the actionable wrong. In fact, it does not specify its application to medical negligence cases but it is of wide import so as to apply to all such cases including road traffic accident cases. In Dr. Laxman Balkrishna Joshi v Dr. Trimbak Bapu Godhole and An0ther (AIR 1969 SC 128) and Amalgamated Coal Field Ltd. v Mst. (Chhotibai & Others (1973) ACJ 365), this Act was used to award damages to the heirs of the deceased patients.
Section 357 of Code of Criminal Procedure 4973 (Act No. 2 of 1974)
In the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the court recoverable by such person in a civil court;
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