KATHMANDU, Sept 20: What can be done if a patient is harmed due to the negligence of a doctor or a hospital during the treatment? What kinds of arrangements are made for legal remedies or compensation in such cases?
If a patient suffers harm due to a doctor's or hospital's negligence during treatment, there are legal avenues available for seeking remedies and compensation. In Nepal, a case can be lodged with the Nepal Medical Council for action and with the district court for compensation.
The legal framework of medical negligence serves to protect the rights of both patients and doctors. It ensures patients receive reliable treatment while also safeguarding the professional standing of doctors. This legal concept is governed by the current Nepali laws, including Chapter 17 of the National Civil Code (2074), malpractice provisions (Sections 672, 682, 683, and 684), the Consumer Protection Act (2075), the Nepal Medical Council Act (2020), and the Nepal Medical Council Regulations (2024).
However, for a claim of medical malpractice to succeed, the person making the allegation must demonstrate that the patient suffered harm due to the doctor or hospital failing to provide proper care. The claimant must establish four key facts:
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1. The hospital or doctor had a duty to provide proper care to the patient.
2. There was a failure to fulfill this duty of care.
3. The patient suffered harm.
4. The harm resulted from the hospital or doctor failing in their duties.
The Supreme Court, in the case involving verdict no. 10061, emphasized that those dedicated to human service should not face undue blame as long as they act with care and diligence. However, if a person treating a patient lacks proper qualifications or commits severe mistakes and negligence, they should not be shielded from accountability.
Compensation is awarded by the court based on factors such as the mental and physical suffering experienced by the victim, incurred or future medical expenses, the nature and impact of the damage, and other relevant considerations. Notably, the Supreme Court recently ordered a compensation of three million rupees in a medical negligence case, underscoring the gravity of such instances.
