Instances of medical negligence are on the rise, exposing systemic flaws and demanding urgent reforms to safeguard patient well-being
Medical negligence is emerging as a pressing issue in Kashmir, raising serious concerns about the quality of healthcare services in the region. Instances of misdiagnoses, surgical errors, medication mishaps, and lack of timely intervention have led to preventable deaths and suffering among patients. Despite advancements in medical science, many hospitals and healthcare facilities in Kashmir continue to grapple with systemic inefficiencies, leaving patients vulnerable to fatal lapses.
What is Medical Negligence?
Negligence means when a person breaches his duty and lacks proper care towards the other person which he is obliged to is causing negligence. Medical negligence occurs when a medical practitioner fails to perform his duty with due care and attention, which causes harm to the patient. The patient may suffer financial losses, mental agony, loss of life and trauma.
Disturbing Cases of Negligence
Several recent incidents have highlighted the gravity of medical negligence in Kashmir. Patients have reportedly suffered due to delayed treatments, incorrect prescriptions, and failure to follow standard medical protocols. In some cases, doctors and paramedical staff have been accused of unprofessional behaviour, worsening the already fragile healthcare system.One of the most alarming concerns is the frequent mismanagement of emergency cases in government hospitals. Families often complain about the lack of accountability when negligence leads to tragic consequences. Private hospitals, though perceived as better equipped, have also been implicated in cases where monetary interests seem to overshadow patient care.
Recent medical Negligence cases in Kashmir
Jv&K Govt Suspends Two Doctors for Performing Hysterectomy Instead of Ear Surgery. (The Doctors Post)
Barberv Turned into Ayurvedic Doctor Exposed in Pothkha Baramulla: Ayush Department in Action. (JK Revolution).
Family from Pulwama Stages Protest Outside CM Omar Abdullah’s Residence Over Alleged Medical Negligence Death. (Rising Kashmir).v
In a viral video on social media from JVC Hospital, a family alleged that the doctor misbehaved with the patient and threw tickets.v
Underlying Causes of Medical Negligence
Multiple factors contribute to the increasing instances of medical negligence in Kashmir:
- Overburdened Healthcare System – With limited doctors catering to an ever-growing patient population, the healthcare system is under severe strain. This leads to hurried diagnoses and treatment lapses.
- Lack of Proper Infrastructure – Many hospitals in rural areas lack adequate medical facilities, trained personnel, and advanced diagnostic tools, increasing the chances of medical errors.
- Weak Regulatory Oversight – There is a lack of strict monitoring and accountability mechanisms to ensure that medical professionals adhere to ethical and professional standards.
- Casual Attitude Towards Patients – Some doctors and healthcare staff are accused of apathy and neglect, leading to delayed or improper treatment.
- Shortage of Skilled Medical Professionals – Many specialists prefer to work outside Kashmir due to better career prospects, leaving hospitals understaffed and patients at risk.
- Poor Doctor-Patient Ratio—The doctor-patient ratio in J&K is 1:1880 as against the recommendations of the World Health Organisation of 1:1000.
- Poor Nurse Patient Ratio—India’s nursing shortage is 1.96 nurses per 1000 population, against WHO’s recommended three nurses per 1000 population. J&K’s ratio is lower than the country’s ratio.
Legal and Ethical Ramifications
Despite the presence of legal provisions that address medical negligence, enforcement remains weak. Patients and their families often hesitate to take legal action due to prolonged legal proceedings and a lack of awareness. The Jammu and Kashmir Medical Council and other regulatory bodies need to take stringent action against erring doctors and institutions to restore public trust.
New Law Related to Medical Negligence Under Bharatiya Nyaya Sanhita, 2023 (BNS)
With the aim to enhance healthcare standards, stringent punishments have been imposed for medical negligence under BNS. Earlier the concept of medical negligence was covered under Section 304A of the Indian Penal Code, 1860. The same has been covered under Section 106 of BNS. In the new provisions of BNS, the punishment for the act of Medical Negligence has been enhanced to 5 years. A separate punishment has been added to the provisions for the act committed by a registered medical practitioner where the punishment is comparatively less than the general punishment i.e. up to 2 years. Basically, under BNS the act of medical negligence must be mandatorily punished with imprisonment.
What are the cases related to medical negligence?
Jacob Mathew v. State of Punjab and Another:
In this case, the Supreme Court defined negligence as Negligence is defined as when a defendant fails to use ordinary care or skill towards a person to whom he/she owes a duty, resulting in the plaintiff suffering damage to his person or property. The Court further stated the difference between medical negligence and criminal negligence.
Bolam v. Friern Hospital Management Committee:
The court in this case held that negligence occurs when the expected standards are not followed by the medical practitioner. However, if due care has been taken then negligence cannot be constituted.
Kusum Sharma v. Batra Hospital and Medical Research:Â
In this case, the Supreme Court held that being negligent means doing or not doing something that a prudent man would do or not do.
Need for Immediate Reforms
To curb medical negligence, the government and healthcare institutions must implement the following measures:
Strengthening Accountability Mechanisms– Regular audits, surprise inspections, and a grievance redressal system should be established in hospitals.
Improving Medical Infrastructure — Investment in modern equipment, better hospital facilities, and increased staffing can improve patient care.
Strict Legal Action Against Offenders — Swift and fair punishment for negligence cases can act as a deterrent.
Enhancing Medical Education and Training — Regular training sessions for healthcare professionals on updated medical procedures and ethics can reduce errors.
Promoting Patient Awareness –Educating people about their rights and how to seek legal recourse in case of medical negligence can lead to systemic improvements.
Conclusion
Medical negligence is a serious threat to public health. Unless immediate steps are taken to address the issue, the region risks further deterioration of its healthcare system. The government, medical institutions, and civil society must work together to ensure that every patient receives the safe and dignified treatment they deserve. Healthcare is not just a service but a fundamental right that is implied under Article 21 of the Constitution of India, and any compromise on it must not go unchecked.
Aarif Maqbool
co******************@***oo.com