0
0
In an unprecedented declaration within the Parliament, Union Home Minister Amit Shah has vowed to overhaul the legal stance on medical negligence, intending to decriminalize actions perceived as such by doctors. Shah’s commitment to reevaluate the existing legal framework drew resounding support from the entirety of the medical community.
During his address to the Lok Sabha, Shah emphasized the need to alleviate the burden of criminal liability imposed on doctors, particularly concerning instances of medical negligence. Currently, cases of negligence resulting in death fall under IPC 304A, wherein individuals responsible may face imprisonment for up to two years, a fine, or both.
The Minister highlighted a critical discrepancy faced by medical practitioners: the misapplication of IPC 304 instead of IPC 304A in certain cases. While the former deals with charges of culpable homicide not amounting to murder and carries severe penalties including life imprisonment or imprisonment up to ten years, the latter specifically addresses death due to negligence without the intent to cause harm.
The plight of doctors facing criminal charges due to alleged medical negligence was starkly evident in the tragic case of Dr. Archana Sharma, a gynecologist who took her own life following allegations of negligence in a patient’s death due to postpartum hemorrhage.
Acknowledging the prolonged grievances of the medical fraternity, the Minister’s announcement to decriminalize medical negligence has been met with widespread approval. This pivotal step follows the Indian Medical Association’s (IMA) plea to exempt professional medical practice from criminal prosecution and instead handle cases of negligence under the Law of Torts.
In a letter dated November 22, 2023, the IMA fervently urged the Government and the Union Home Ministry to reconsider the treatment of medical negligence, emphasizing the absence of criminal intent in doctor-patient interactions during treatments. The Association also referenced a Supreme Court order (Jacob Mathew Vs State of Punjab 2005) supporting considerations for the medical profession in such matters.
The Home Minister’s decisive stance to address the criminalization of medical negligence marks a significant shift, potentially reshaping legal approaches to professional malpractice within the healthcare system.
