Author
Dr Arpitha H.C
Organisation/Institution
RV University
Country
INDIA
Panel
Miscellaneous
Title
Medical Liability in Asia: A Comparative Study
Abstract
Presently high rates of law suits in medical liability are a concerning reality in the context of clinical activity in most jurisdictions. In few areas, the situation is alarming as it has reached a crisis promotions which in turn is affecting professional practice particularly those when not verified leads to an immediate intervention of Judiciary. Few reports by jurisdictions seem to show clear directions on the importance of reflection on this pertinent subject. It is but very obvious that a professional qualification to practice medicine does not guarantee impunity. Health care professionals who commit a gross negligence which in turn will cause damage to a patient entrusted to their care are to be responsible for the damages they inflict like any other professional. The existing law, in many jurisdictions, sometimes seems to be inconsistent with what the current reality of health care, leading, in some cases, to unacceptable deviations from what would be fair and to an excessive number of lawsuits involving cases where such responsibility does not really exist. The health professional is required to exhibit reasonable care, skill, and diligence, that is, to act with the same degree of care and competence that can reasonably be expected from a moderately competent, prudent, and responsible colleague, intervening in the same general line of health practice, with the same academic and professional qualifications, and acting in the same or similar circumstances. Nowadays, a professional practices in an environment with complex interactions between multiple variables, such as the disease process itself, health personnel and equipment, the infrastructure in which it operates, policies, and organizational procedures. Unlike most professional areas, the health sector does not involve a clearly defined process. This research aims to identify the exact dimension of these medical errors as there are no accurate epidemiological data and the published studies is not comparable Even the official numbers of cases involving situations of alleged medical malpractice fail to give us a correct picture of the reality. Many victims of malpractice do not trigger health liability lawsuits. This is also the case because, in some contexts, these situations and disputes seem to function more as a lottery than as a mechanism for quality control or fair compensation. It is very important to reflect on what must be done in the twenty-first century regarding health systems and legal systems of medical responsibility to try to control such a concerning situation and of such dire consequences. We must look for legal rules more in line with contemporary scientific medicine and the existing realities. This research focusses on medical Liability across jurisdictions in Asia and the need for a uniform framework which helps build a strong doctor patient relationship without long and tedious court procedures.
Biography
Dr. Arpitha H.C is an Associate Professor and Programme Director for the Post graduate course – LL.M. at School of Law, RV University. She also holds the Position of Executive Director at the Centre for Health law and Ethics at the University. Her doctoral thesis is awarded in the domain of Health Law. She has more than a decade of teaching experience at the National Law School of India University, Bengaluru. Along with her teaching responsibility, she was the Assistant Coordinator for the Distance Education Programmes offered by NLSIU, Bengaluru. Few of her recent accomplishments include Editor of a Book Publication by Thomson Reuters titled “Health Law and Ethics- Critical Reflections” (2022). She has also been the member of the task force to Framing regulations for the National Medical Commission Act, 2019-under the Aegis of the Members of NMC, Govt. of India. (2023). She has participated and presented various Research papers at National and International Seminars, Conferences and workshops. She has been the Resource Person for various Training Programmes and Workshops as well. Few of her recent accomplishments include being a Team member of the task force on the requirement of a Health ombudsman for the Government of Karnataka. She has also been on the Team for drafting the Amendment to the Karnataka Private Establishments Act, 2007 under the Chairman ship of Hon’ble Justice Vikramjit Sen Committee. She has played an instrumental role in bringing about restructuring the Transplantation of the Human Organs Act in Karnataka with coordination with Jeevasarthakathe, Government of Karnataka.
