INTRODUCTION:
In India, the practice of medicine and the operation of hospitals are critical to the well-being of its population. A strong legal framework is required to ensure excellent healthcare and protect the rights of both patients and medical practitioners. We dig into the constitutional provisions, the necessity for particular legislation, and a study of the legal environment governing medical practice and hospitals in India in this detailed essay.[1]
CONSTITUTIONAL PROVISIONS:
Article 21 of the Indian Constitution provides the right to life and personal liberty, which has been broadly construed by the judiciary to encompass the right to health. Furthermore, Article 47 requires the state to enhance public health and nutrition.
These constitutional articles establish the groundwork for the legislative framework that governs medical practice and hospitals, emphasizing the state’s role in ensuring that all people have access to quality healthcare.[2]
NEED FOR LAWS GOVERNING MEDICAL PRACTICE:
As healthcare is so complicated, clear laws are required to protect ethical standards, patient safety, and the general integrity of the medical profession. Medical practice laws seek to strike a balance between delivering excellent healthcare services and preserving patients’ rights and well-being. These laws address key issues such as medical ethics, professional behavior, and healthcare provider responsibility.
ANALYSIS OF LAWS APPLICABLE:
- Regulations of the Medical Council of India (MCI)[3]: The Indian Medical Council Act governs the MCI, which establishes standards for medical education, registration, and professional behavior. Its principles specify ethical procedures, ensuring that medical practitioners adhere to the highest integrity and competency requirements.
- Consumer Protection Act (CPA)[4]: The CPA protects patients’ rights as customers. Individuals can seek compensation for medical malpractice and negligence in consumer courts. This law is an important tool for holding healthcare professionals responsible and maintaining patient satisfaction.
- Clinical Establishments (Registration and Regulation) Act[5]: This Act requires all clinical establishments, including hospitals and diagnostic centers, to be registered and regulated. It focuses on guaranteeing patient safety, maintaining basic standards of facilities and services, and allowing systematic inspections.
- The Drugs and Cosmetics Act[6]: It regulates the manufacturing, marketing, and distribution of pharmaceuticals and medical equipment in order to assure the market availability of safe and effective medications. It is critical in ensuring pharmaceutical product quality and safeguarding patients from poor or counterfeit pharmaceuticals.
- Indian Penal Code (IPC)[7] and Negligence Laws: Criminal responsibility for medical practitioners is addressed by IPC provisions in conjunction with negligence statutes. Legal proceedings can be initiated under applicable IPC sections and negligence laws to offer justice to the affected persons in situations of medical malpractice resulting in damage or death.
RECENT LAWS:
- Telemedicine Guidelines[8]: In response to the rising importance of telemedicine, particularly in the aftermath of the COVID-19 epidemic, India’s Ministry of Health and Family Welfare developed guidelines for telemedicine practice. These criteria and procedures for providing healthcare remotely are outlined in these recommendations.
- Assisted Reproductive Technology (Regulation) Act 2020[9]: When passed, this law will try to regulate the assisted reproductive technology (ART) sector in India. It discusses infertility therapies, embryo and gamete donation, surrogacy, and the ethical implications of ART.
- The Mental Healthcare Act of 2017[10]: This Act focuses on the rights of those suffering from mental illnesses, including assuring their access to mental healthcare services and preventing discrimination against them. It also provides requirements for mental health establishment registration and regulation.
- 2021 Medical Termination of Pregnancy Amendment Act[11]: In 2021, the Medical Termination of Pregnancy (MTP) Act was significantly amended, increasing the gestation limit for abortion from 20 to 24 weeks under certain cases. This reform gives women more reproductive rights and answers certain medical concerns.
CASE LAW:
- V. Mohana Krishnan v. Tamil Nadu State (2022): The Supreme Court addressed the question of medical negligence and the accountability of healthcare practitioners in this important judgment. The petitioner claimed that carelessness caused a family member to die following surgery. In its decision, the court emphasized the necessity of conforming to the norms established by the Medical Council of India (MCI) and other regulating agencies. It emphasized the need to conduct a comprehensive inquiry in situations of medical negligence and emphasized the importance of the Consumer Protection Act in giving remedies to dissatisfied individuals. This case demonstrated the judiciary’s dedication to protecting patient rights and enforcing responsibility in the medical profession.[12]
- Common Cause (A Regd. Society) v. Union of India (2018): The Supreme Court decriminalized passive euthanasia and recognized the right to die with dignity as a fundamental right under Article 21 of the Constitution in this landmark judgment. The decision created a legal foundation for ‘Living Wills’ and set instructions for the administration of advance directives. The court recognized the significance of dealing with the complicated medical and ethical concerns surrounding end-of-life care. This case not only had far-reaching consequences for patients and their families, but it also underlined the need for legal and ethical issues in the ever-changing world of medical practice.[13]
- Indian Medical Association v. V.P. Shantha (1995): While not a recent case, the V.P. Shantha case established important ideas about patient rights and medical practitioners’ responsibility. In this decision, the Supreme Court ruled that doctors who provide medical services had a contractual commitment to their patients. The decision emphasized the need for doctors to inform patients about potential dangers and alternatives before seeking consent for medical operations. This case has a long-term influence on medical practice, emphasizing the significance of openness, informed consent, and patient-centered treatment.[14]
CONCLUSION:
The legislative structure governing medical practice and hospitals in India is complex, attempting to strike a careful balance between patients’ rights and healthcare professionals’ obligations. While these regulations are important for safeguarding medical ethics, guaranteeing patient safety, and maintaining the quality of healthcare services, their successful execution is also critical. To stay up with advances in medical research, technology, and developing healthcare concerns, current laws must be updated and amended regularly.
In conclusion, a comprehensive and well-enforced legislative framework is required to instill trust in the healthcare system, develop ethical medical practices, and ultimately contribute to the nation’s well-being. Medical professionals, legislators, and legal authorities must work together to solve growing concerns, reinforce current regulations, and guarantee that India’s healthcare system advances in accordance with global norms.
Written by – Aastha Ganesh Tiwari
[1] Madhav Madhusudan Singh, Uma Shankar Garg, Pankaj Arora: Laws Applicable to Medical Practice and Hospitals in India; Legal and Ethical Issues (JRFHHA) https://www.imalko.in/downloads/laws.pdf
[2] Laws Applicable to Medical Practice & Hospitals in India by Snehil Sharma (21st November 2022) https://www.legalbites.in/topics/articles/laws-applicable-to-medical-practice-and-hospitals-in-india-357711#:~:text=The%20Laws%20which%20are%20applicable,of%20consent%20for%20captive%20power
[3]https://www.nmc.org.in/rules-regulations/mci-regulations-2000/
[4]https://consumeraffairs.nic.in/sites/default/files/CP%20Act%202019.pdf
[5]https://www.indiacode.nic.in/bitstream/123456789/7798/1/201023_clinical_establishments_%28registration_and_regulation%29_act%2C_2010.pdf
[6]https://cdsco.gov.in/opencms/export/sites/CDSCO_WEB/Pdf-documents/acts_rules/2016DrugsandCosmeticsAct1940Rules1945.pdf
[7]https://lddashboard.legislative.gov.in/sites/default/files/A1860-45.pdf
[8]https://www.mohfw.gov.in/pdf/Telemedicine.pdf
[9]http://164.100.47.4/BillsTexts/LSBillTexts/PassedLoksabha/97-C_2020_LS_Eng.pdf
[10]https://main.mohfw.gov.in/sites/default/files/Mental%20Healthcare%20Act%2C%202017_0.pdf
[11]https://nhm.hp.gov.in/storage/app/media/uploaded-files/mtp-amendment-act2021.pdf
[12]https://www.casemine.com/judgement/in/6157b22e9fca197b22afefbc
[13]https://privacylibrary.ccgnlud.org/case/common-cause-a-regd-society-vs-union-of-india-uoi-and-ors#:~:text=The%20Petitioner%20further%20claimed%20that,medical%20treatment%20without%20their%20consent.
[14]https://indiankanoon.org/doc/723973/
