Medical Negligence and Accountability in Kerala: A Call for Justice

Summary Box: K.K. Harshina, a victim of medical negligence in 2017, and the survivor of a sexual assault incident in 2023, are planning to meet Chief Minister V.D. Satheesan to renew their demand for justice. The case highlights the need for accountability in the healthcare sector and the importance of addressing medical negligence and sexual harassment in hospitals.

What is Medical Negligence?

Medical negligence occurs when a healthcare provider fails to provide a standard level of care, resulting in harm or injury to a patient. In India, medical negligence is governed by the Consumer Protection Act 1986, which provides for compensation to victims of medical negligence. However, the law has several loopholes, and the process of seeking compensation is often lengthy and complex.

The Kerala High Court's Role

The Kerala High Court has played a crucial role in addressing medical negligence cases in the state. In 2019, the court ruled that hospitals must provide compensation to patients who have suffered due to medical negligence Kerala High Court Judgment 2019. However, the court's ruling has not been fully implemented, and many patients continue to suffer due to lack of accountability.

Key Provisions / Legal Framework

• ▸The Clinical Establishments (Registration and Regulation) Act 2010 requires all clinical establishments to register with the state government and adhere to certain standards of care.
• ▸The Medical Council of India (MCI) is responsible for regulating medical education and practice in India.
• ▸The National Medical Commission (NMC), established in 2019, has taken over the functions of the MCI.

The Numbers That Matter

• ▸According to a 2020 report by the National Human Rights Commission (NHRC), there were 1,444 cases of medical negligence reported in India between 2015 and 2020.
• ▸The report also found that 75% of the cases were related to hospital-acquired infections, and 21% were related to surgical errors.

Challenges on the Ground

• ▸The lack of accountability in the healthcare sector is a major challenge in addressing medical negligence cases.
• ▸Many patients are unaware of their rights and the procedures for seeking compensation.
• ▸The process of seeking compensation is often lengthy and complex, and many patients are unable to afford the costs associated with it.

Significance and What Changes Now

• ▸The case of K.K. Harshina and the survivor of the sexual assault incident highlights the need for accountability in the healthcare sector.
• ▸The Kerala government must take immediate action to address medical negligence and sexual harassment in hospitals.
• ▸The NHRC and other human rights organizations must continue to monitor the situation and advocate for the rights of patients.

Way Forward

• ▸The Kerala government must establish a robust system for addressing medical negligence cases, including a dedicated helpline and a clear procedure for seeking compensation.
• ▸Hospitals must be held accountable for medical negligence, and patients must be provided with adequate compensation.
• ▸The NHRC and other human rights organizations must continue to monitor the situation and advocate for the rights of patients.

CATEGORY: national TAGS: medical-negligence, healthcare, accountability, Kerala, NHRC, NMC, Ombudsman SOURCE: The Hindu