Rai Shivkrit, Devaiah Vishwas H
Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana India.
Asian Bioeth Rev. 2019 Apr 4;11(1):81-93. doi: 10.1007/s41649-019-00081-7. eCollection 2019 Mar.
Healthcare reforms in India have been a much-debated issue in the recent past. While the debate has focused mainly on the right to healthcare, another by-product that has evolved out of the debate was the current problem of medical malpractice and the healthcare law. The last decade has seen an increase in the healthcare facilities in the country. This, however, has come with a bulk of medical error cases which the courts have entertained. According to reports, there has been an increase in medical litigation cases by 400% in the last decade. There are about 5.2 million cases of medical error in the country every year. While there exists a standard legal system in the country which entertains such complaints of medical malpractice, the attempt by regulators and medical practitioners should be to reduce these cases. This paper seeks to analyze the extent to which medical malpractice cases affect consumers (patients). It analyzes the existing medical liability system which has mainly evolved through the jurisprudence laid down by the English courts and critiques it. It also looks into the major reasons for such medical mishaps. Authors argue that a "No-Fault" system may give better outcomes. They analyze this by looking at the no-fault liability model implemented in New Zealand. Narratives of no-fault liability being implemented in India have also been used. These are showcased from instances of Motor Vehicles Act, 1988, and Clinical Trial regulations. It is also argued that a by-product of a no-fault liability system is stringent regulations which are used to reduce the possibility of medical mishaps altogether. Lastly, the possible problems of the no-fault liability system are discussed in the paper.
印度的医疗改革在最近一直是一个备受争议的问题。虽然辩论主要集中在医疗保健权上，但这场辩论产生的另一个附带结果是当前的医疗事故问题和医疗保健法。在过去十年中，该国的医疗设施有所增加。然而，随之而来的是大量法院受理的医疗差错案件。据报道，在过去十年中，医疗诉讼案件增加了400%。该国每年约有520万起医疗差错案件。虽然该国存在受理此类医疗事故投诉的标准法律体系，但监管机构和医疗从业者的努力应该是减少这些案件。本文旨在分析医疗事故案件对消费者（患者）的影响程度。它分析了主要通过英国法院确立的判例法演变而来的现行医疗责任制度，并对其进行了批判。它还探讨了此类医疗事故的主要原因。作者认为“无过错”制度可能会产生更好的结果。他们通过研究新西兰实施的无过错责任模式来进行分析。文中还引用了印度实施无过错责任的案例。这些案例来自1988年《机动车法》和临床试验法规的实例。文中还指出，无过错责任制度的一个附带结果是严格的监管，这些监管旨在完全降低医疗事故发生的可能性。最后，本文讨论了无过错责任制度可能存在的问题。
