Achutrao Haribhau Khodwa and others v. the State of Maharashtra and OTHERS 1996 SCC 634, JT 1996 624 Case Analysis and Case Comment.
Characterization
1. Introduction
In this chapter, the researcher has given an introduction to the concept of medical negligence. It talks about the brief history of the emergence of the concept of medical negligence and how it has emerged as a tort.
2. Facts and case analysis of Achutrao Haribhau Khodwa and others v. State of Maharashtra and others.
This chapter explains the given case law in detail and also the judgment given in the case.
3. Critical Analysis
In this chapter, the researcher has critically analyzed the concept of medical negligence and the case of Achutrao Haribao Khodwa and others v. State of Maharashtra and others. Some of the opinions and views of the researcher are also mentioned in this chapter.
4. Cases related to Medical Negligence
This chapter gives an overview of various case laws related to medical negligence.
5. Tests for Medical Negligence
In this chapter, the researcher has briefly explained some of the examples or factors leading to medical negligence and also the tests to be applied to check the same.
6. Some Doctrines related to Medical Negligence
Some doctrines and concepts related to medical negligence have been discussed in this chapter.
7. Conclusions and Suggestions
Conclusion of the research and some suggestions to avoid the tort of medical negligence have been given in this chapter.
Introduction
Achutrao Haribhau Khodwa and others v. State of Maharashtra and others[1] is a case which talks about medical negligence, the vicarious liability of the Government for the negligent acts of its employees, and the applicability of the doctrine of sovereign immunity. Here the principle of “res ipsa loquitur”(which means “the thing speaks for itself”) was applied based on the nature of the doctor and patient relationship and the need to exercise a reasonable amount of care. In this case, a doctor was held responsible for a case involving medical negligence and the question was whether the government could be held vicariously accountable for the actions of its employees. It also involves the concept of the Consumer Protection Act, 1986. This case drives us to understand the various problems related to the case of negligence, especially medical negligence. Negligence can be defined as the “infliction of an injury or damage as a result of failure to take reasonable care”. “Where a person has to take reasonable care and the care is not taken resulting in injury to another”, is called negligence.[2] In the case of Blyth v. Birmingham Water Works Co., negligence was made an independent tort.[3] The industrial revolution of 18th century England provided a drift to the accelerated expansion of the law of negligence as a distinct tort. By this time, the law of medical negligence also originated as an offset of the law of negligence. Medical negligence slowly started being recognized as a tort and the victims started being compensated for the wrongful acts of the medical practitioners. The Code of Hammurabi which was developed around 20 centuries before the Christian era in Babylonia is the oldest source that mentions medical negligence.[4] The first recorded litigation against a medical man in England was brought before the King's Bench in 1374, when a physician, J Mort, was brought before the King's Bench over his care of a patient’s wounded hand. Here, the defendant was not found guilty but the Court said that if the patient could prove negligence on the doctor’s part, the Court would provide a remedy.[5] Each doctor has a professional courtesy and disobeying or not following the same might lead to legal complications. “Every person who joins a learned profession undertakes to bring to the exercise of it a fair degree of care and ability,” is what CJ Tyndall said in1838 when he was made to assess a case involving medical negligence wherein there was a lack of proper care, skill, and quality on the part of a medical practitioner. Medical negligence can be divided into two categories namely civil negligence and criminal negligence. In this research paper, we would be discussing both these categories of medical negligence in detail and relate them to the case-law of Achutrao Haribhau Khodwa and others v. State of Maharashtra and others.[6] The overwhelming effect of commercialization can be traced to a reduction in the self-imposed regulatory norms in the medical profession and a rise in medical malpractice. Some similar case laws related to medical negligence in India include Indian Medical Assn. v. V.P. Shantha[7], Laxman Balkrishna Joshi (Dr) v. Dr. Trimbak Bapu Godbole[8], Suresh Gupta (Dr) v. Govt. of NCT of Delhi[9] , etc. This research paper aims to analyse and understand the case of Achutrao Haribhau Khodwa and others v. State of Maharashtra and others[10] in detail and also look into some similar cases related to medical negligence.
Literature Review
Medical Negligence is a vast topic. Information regarding the same is available in the form of various case laws, journal articles, research papers, and books. Books used to understand this topic and the various case laws under it include, “Lectures on the law of torts including Motor Vehicle’s Accidents and Consumer Protection Laws”[11] written by Dr. Rega Surya Rao and “The Law of Torts” by Ratanlal & Dhirajlal[12]. These two books help us understand the basic concept of negligence and medical negligence in particular. It gives us the meaning and definition of this tort and the various case laws related to it. Hence we get to understand the concept in a better way.
Another book that helps us to understand the concept of Medical Negligence in a better way is “Modi: A textbook of Medical Jurisprudence and Toxicology”[13] Through this book, we can comprehend the concept of medical negligence as both civil and criminal negligence. It talks about the current scenario and the various laws related to medical negligence available in India as well as the western countries. This book explains the concept of both civil and criminal medical negligence using various case laws. So, this book provides a detailed analysis of the concept of medical negligence and hence helped the researcher in conducting this research.
“Supreme Court on Medical Negligence”[14] is an article that explains some of the judgments rendered by the Supreme Court in some cases involving medical negligence. It talks about the accountability of medical professionals, how some cases of medical negligence like the case of Achutrao Haribhau Khodwa and others v. State of Maharashtra and others[15] were dealt with, the need for introspection by doctors individually and collectively, etc. Through this article, we can understand the various scenarios of medical negligence and the apex court’s decisions on the same and hence get a better idea and understanding of the concept of medical negligence.
“Medical Negligence-The Standard of Care”[16] is another article which talks about medical negligence. This article talks about the basic duty of care that a medical practitioner should take to avoid the occurrence of a tort of medical negligence. This article also helps us know about some English case laws and judgments given by the courts in such cases.
The article “Medical Negligence and Consumer Justice: Regulatory Mechanism Other Than Consumer Protection Act, 1986”[17] helps us understand some of the criteria that have to be fulfilled to constitute the tort of medical negligence. It also talks about some of the examples of medical negligence and the regulatory mechanisms other than the Consumer Protection Act, 1986 that is available to the aggrieved parties. It explains the concept of medical ethics and thus helps us to understand the concept of medical negligence in a better manner
[1] Achutrao Haribhau Khodwa and others v. State of Maharashtra and others [(1996) 2SSC 634].
[2] Dr.Rega Surya Rao, Lectures On Law Of Torts Including Motor Vehicle Accidents And Consumer Protection Laws 204 (2nd ed. 2018).
[3] Blyth v. Birmingham Water Works Co. [(1986) 11 Ex. 781].
[4] Karunakaran Mathiharan, Supreme Court on Medical Negligence, 41 Economic and Political Weekly, 111, 111-115 (2006).
[5] Modik Kannan, Modi: A textbook of Medical Jurisprudence and Toxicology 149 (25th ed. 2016).
[6] Supra note 1.
[7] Indian Medical Assn. v. V.P. Shantha (1995) 6 SCC 651.
[8] Laxman Balkrishna Joshi (Dr) v. Dr Trimbak Bapu Godbole, AIR 1969 SC 128: (1969) 1 SCR 206: 71 Bom LR 236.
[9] Suresh Gupta (Dr) v. Govt. of NCT of Delhi (2004) 6 SCC 422: 2004 SCC (Cri) 1785.
[10] Supra note 1.
[11] Dr.Rega Surya Rao, supra note 2.
[12] Ratanlal & Dhirajlal, The Law of Torts 612- 632 (26th ed. 2019).
[13] Supra note 5.
[14] Supra note 4.
[15] Supra note 1.
[16] Page Keeton, Medical Negligence - The Standard of Care, 10 Tex. Tech L. Rev. 351 (1979).
[17] Zafar Eqbal, Medical Negligence and Consumer Justice: Regulatory Mechanism Other than Consumer Protection Act, 1986, SCC (June 18, 2021, 1:30 PM), http://www.scconline.com.
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