Under new law, doctors face two years of imprisonment for death due to negligence

• The amended Bharatiya Nyaya (Second) Sanhita Bill, 2023 (BNSS) does not grant blanket exemption to doctors in cases of death due to negligence.
• Instead, it outlines a specific punishment for such cases.

Key highlights of the bill

• Amendment to Section 106 (1) of the BNSS
• The amended section specifies the punishment for causing death by rash or negligent acts, prescribing a maximum imprisonment term of five years.
• However, for registered medical practitioners performing medical procedures, the term is reduced to two years, with liability for a fine.

Definition of Registered Medical Practitioner

• A definition for a "registered medical practitioner," referring to a medical professional with qualifications recognized under the National Medical Commission Act, 2019,
  • Whose name is listed in the National Medical Register or a State Medical Register.

Medical Negligence

• Medical negligence pertains to professional misconduct by a healthcare provider
  • who does not adhere to the expected standards of their profession leading to loss suffered by the seeking medical intervention.
• The loss suffered can be financial consequences, adverse health effects, worsening the patient's condition
  • Inflicting emotional trauma, and leaving the patient in a permanent and irreparable state for the remainder of their life.

Landmark Cases:

• Bolam v. Friern Hospital Management Committee (1957)
• In this English case this case established the principle that a medical professional is not necessarily negligent
  • If their actions align with the practice accepted by a responsible body of medical opinion within their field, even if other experts may disagree.

Prelims Takeaway

• Medical Negligence
• Bharatiya Nyaya (Second) Sanhita Bill, 2023