Is the doctor criminally liable if the patient dies due to error?
Every now and then we come across medical cases in which the patient has suffered due to the doctor's sheer negligence. The result may be death or an irreparable loss, which occurred due to the incorrect diagnosis by the doctor.
In a recent Supreme Court judgment in India, the court ruled that the doctor is not criminally liable if the patient dies due to error of judgment committed by him. The case in question was that of a plastic surgeon who faced trial for causing the death of a person who had wanted to remove a minor deformity in his nose.
This raises a question whether the doctor who commits such an error of judgment, which led to the death of the patient, is liable for criminal punishment. On the face of it, after listening to the sad story, your blood may boil and you may want the doctor to be hanged, but let us also consider another perspective.
Since times immemorial, the relationship between a doctor and a patient is based on trust as the patient approaches the doctor with complete faith that he would rid him of his ailments. The knowledge prowess of the doctor and his decision-making capabilities, and his experience in dealing with a variety of different cases is what makes his skill special. However, I feel that it takes the right combination of skill and talent to do adequate justice to this ancient prestigious profession.
No doctor would intentionally be careless where there might be a question of life and death. In my opinion, an honest doctor would work hard towards curing the ill patient. But we have to keep in mind that the doctor is also a human and might commit mistakes. He is not God. In addition, if he is constantly under the threat that if anything goes wrong, he would be criminally liable then he would be reluctant to take risks. There have been cases of accidents and emergencies where the doctors have refused to treat until the police formalities are over, as they do not want their neck deep into the trouble. Thus the issue of criminal liability often handicaps the doctors and might force them to shrug off their responsibility.
In India, after the private medical practice came under the purview of Consumer Protection Act in mid-nineties, the cost of treatment has also increased rapidly. Now, the doctors want to be doubly sure before coming up with a diagnosis and suggest a series of tests, which prove to be rather expensive for an average citizen. Thus, it is a no-win situation for the patients.
Therefore, my gutfeel is that the Supreme Court has taken a correct decision because if the doctors possess the right combination of education and attitude, they would always work towards benefiting the mankind.
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