Module-2 Medical Negligence and ethics.pptx

Medical negligence and ethics

1. Module 2 Medical Negligence

2. Medical Negligence 13 March 2024 Training of Experts by EMRB, NMC 2 All negative outcome cannot be attributed to negligence Can take various forms, including misdiagnosis or delayed diagnosis of a medical condition, surgical errors, medication errors, failure to obtain informed consent, improper treatment, lack of follow-up care, failure to monitor a patient's condition, and other acts or omissions that fall below the expected standard of care.

3. 13 March 2024 Training of Experts by EMRB, NMC 3 The key factor is whether the healthcare professional's actions or omissions were negligent based on the accepted standard of care. It occurs when a healthcare provider deviates from the accepted norms and standards of medical practice, leading to a breach of their duty of care towards the patient Failure of a healthcare professional to provide an appropriate standard of care , resulting in harm or injury to a patient. ( Dr. Laxman Balkrishna Joshi Vs. Dr. Trimbak Bapu Godbole 1969) Medical Negligence

4. 13 March 2024 Training of Experts by EMRB, NMC 4 Medical Negligence – Ingredients Duty of care The healthcare professional owed a duty of care to the patient. This duty arises from the doctor-patient or healthcare provider-patient relationship Causation The breach of duty directly caused or contributed to the patient's harm or injury. It must be demonstrated that the patient's injury would not have occurred if the healthcare professional had provided appropriate care Breach of duty The healthcare professional breached their duty of care by failing to meet the expected ‘standard of care’. This means their actions or omissions deviated from what a reasonable healthcare professional would have done in similar circumstances (Dr. Kunal Saha v. AMRI Hospital 2014). Damages The patient suffered harm or injury as a result of the breach of duty. This can include physical pain, emotional distress, additional medical expenses, loss of income, and other related damages To establish a claim of medical negligence, certain elements must typically be proven, including (Jacob Mathew v. State of Punjab, 2005)

5. 13 March 2024 Training of Experts by EMRB, NMC 5 Medical Negligence – Burden of proof In the case of medical negligence, the burden of proof typically falls on the patient or the plaintiff who alleges that they have suffered harm due to the negligence of a medical practitioner. To establish a claim of medical negligence, the plaintiff generally needs to demonstrate the above four important steps, not the physician.

6. 13 March 2024 Training of Experts by EMRB, NMC 6 Medical Negligence – Standard of Care

7. 13 March 2024 Training of Experts by EMRB, NMC 7 Medical Negligence – Standard of Care

8. 13 March 2024 Training of Experts by EMRB, NMC 8 Medical Negligence – Standard of Care

9. 13 March 2024 Training of Experts by EMRB, NMC 9 Medical Negligence – Case Law Supreme Court case of Kusum Sharma & Ors . Vs. Batra Hospital & Medical Research Centre, (2010). While deciding whether the medical professional is guilty of medical negligence following well known principles must be kept in view: The negligence to be established by the prosecution must be culpable or gross and not the negligence merely based upon an error of judgment (Criminal Negligence)

10. 13 March 2024 Training of Experts by EMRB, NMC 10 Medical Negligence – Case Law

11. 13 March 2024 Training of Experts by EMRB, NMC 11 Medical Negligence – Case Law Kusum Sharma & Ors . Vs. Batra Hospital & Medical Research Centre, (2010)

12. 13 March 2024 Training of Experts by EMRB, NMC 12 Medical Negligence – Case Law

13. 13 March 2024 Training of Experts by EMRB, NMC 13 Medical Malpractice Legal concept that arises from medical negligence A healthcare professional's negligent actions or omissions result in harm or injury to a patient, and the patient seeks legal recourse for the damages suffered Is a subset of medical negligence that specifically involves the legal claim or lawsuit brought by the patient against the healthcare provider Clinical concept Refers to the failure of a healthcare professional to provide an appropriate standard of care, resulting in harm or injury to a patient Medical Negligence

14. Medical Misconduct

15. 13 March 2024 Training of Experts by EMRB, NMC 15 Medical Misconduct

16. 13 March 2024 Training of Experts by EMRB, NMC 16 Medical Misconduct Unethical or improper behaviour by healthcare professionals that deviates from the accepted standards and norms of the medical profession It encompasses a wide range of actions or omissions that may harm patients or violate their trust and the principles of medical ethics which includes:

17. 13 March 2024 Training of Experts by EMRB, NMC 17 Medical Misconduct

18. Criminal Negligence

19. 13 March 2024 Training of Experts by EMRB, NMC 19 Criminal Negligence

20. Criminal Negligence Guidelines for investigating agencies: Supreme Court Judgement Jacob Mathew v. State of Punjab (2005)   A private complaint may not be entertained unless the complainant has produced prima facie evidence before the court as a credible opinion given by another competent doctor to support the charge of rashness or negligence by the accused doctor The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, get an independent and competent medical opinion preferably from a doctor in government service, qualified in that branch of medical practice who can normally be expected to give an unbiased opinion applying the Bolam test to the facts collected in the investigation

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