Medical negligence during COVID-19

https://doi.org/10.53730/ijhs.v6nS1.6094

Authors

  • Parul Sinhmar
  • Kirt Agarwal Ph.D. Scholar (Sharda University), Academic Tutor and TRIP Fellow, Jindal Global Law School
  • Aditi Srivastava Ph.D. Scholar (Sharda University)

Keywords:

Medical, Negligence, COVID-19

Abstract

Medical negligence during Covid-19 affected people who were already grieving the lives of their loved ones. This article will relook at specific instances where medical negligence cost lives. It will explain the meaning and use of medical negligence laws in India, citing several cases that serve as decent examples to be reapplied in Covid-19 cases. Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. This paper covers the legal aspects and consequences of medical negligence, liability of the victim, and aims to spread awareness regarding the same. This paper also explains how Section 304(a) Indian Penal Code provided some respite to those subjected to medical negligence during Covid-19.

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References

Bangia, R. K. (2018). Allahabad Law Agency’s Textbook On Law Of Torts. Eastern law house.

Correspondent, S. (2021, May 5). Man arrested for black marketing oxygen cylinder. The Hindu. Retrieved from https://www.thehindu.com/news/national/karnataka/man-arrested-for-black-marketing-oxygen-cylinder/article34491066.ece.

Rawat, M. (2021, May 3). Just before the 2nd Covid Wave hit India, ICU beds decreased by 46%, oxygen ones by 36%. India Today. Retrieved from https://www.indiatoday.in/coronavirus-outbreak/story/just-before-2nd-covid-wave-hit-india-icu-beds-decreased-by-46-oxygen-ones-by-36-1796830-2021-05-03.

Chattopadhyay, S. (2021, June 25). Doctor booked under IPC 304 after Covid Patient Death in UP. Medical Dialogues. Retrieved from https://medicaldialogues.in/news/health/doctors/up-doctor-booked-under-ipc-304a-after-covid-patient-death-79043.

Published

20-04-2022

How to Cite

Sinhmar, P., Agarwal, K., & Srivastava, A. (2022). Medical negligence during COVID-19. International Journal of Health Sciences, 6(S1), 5331–5337. https://doi.org/10.53730/ijhs.v6nS1.6094

Issue

Section

Peer Review Articles