Liability of Patient in Medical Negligence Claims

Patient’s Liability:

While patients are not typically held liable for medical negligence, there are exceptions:

1. Failure to disclose relevant medical history.
2. Non-compliance with treatment plans.
3. Refusal of consent for necessary treatments.
4. Failure to follow post-operative instructions.
5. Concealment of facts or providing false information.

Contributory Negligence:

Courts may reduce compensation if the patient’s actions contributed to the harm:

1. Failure to seek timely medical attention.
2. Ignoring medical advice.
3. Not disclosing allergies or sensitivities.
4. Not reporting adverse reactions.

Comparative Negligence:

Some jurisdictions apply comparative negligence principles:

1. Patient’s negligence is compared to the healthcare provider’s.
2. Damages are apportioned accordingly.

Defenses:

Healthcare providers may raise defenses against patient claims:

1. Assumption of risk.
2. Contributory negligence.
3. Comparative negligence.
4. Statute of limitations.

Patient Responsibilities:

To minimize liability:

1. Provide accurate medical history.
2. Follow treatment plans.
3. Ask questions and clarify concerns.
4. Report adverse reactions.
5. Seek second opinions.

Indian Law Perspective:

1. Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
2. Consumer Protection Act, 1986.
3. National Commission for Human Rights (NCHR) guidelines.

International Perspective:

1. American Medical Association (AMA) Code of Medical Ethics.
2. World Medical Association (WMA) International Code of Medical Ethics.
3. European Court of Human Rights (ECHR) judgments.

Case Laws:

1. Indian cases: [1] Samira Kohli vs. Dr. Prabha Manchanda (2008) 2 SCC 1.
   [2] V. Kishan Rao vs. Nikhil Super Speciality Hospital (2010) 3 SCC 748.
2. International cases: [1] Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425.
   [2] Bolam v. Friern Hospital Management Committee (1957) 1 WLR 582.