Twelve Duties of Doctors Towards Their Patients

24 Dec 2023 Dr. Raj Shekhar Yadav
Doctors & Hospitals

Last Edited 24 Dec 23
Eminent jurists and leading judgments have assigned various meanings to negligence. The concept as has been acceptable to Indian jurisprudential thought is well-stated in the Law of Torts, Ratanlal & Dhirajlal (Twenty-fourth Edition 2002, edited by Justice G.P. Singh). It states,

“Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.

Also read- Five Sections of Indian Penal Code Every Doctor Must Know

The definition involves three constituents of negligence:

 (1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope of the duty;

 (2) Breach of the said duty; and

 (3) Consequential damage.

 Cause of action for negligence arises only when damage occurs; for, damage is a necessary ingredient of this tort.”

Also read- Medical Record Keeping : Do’s & Don’ts

As  per Consumer Protection Act and Medical Profession by M.K.

Balachandran, Department of Consumer Affairs, Government of

India, in association with Indian Institute of Public Administration,

New Delhi, the duties of a doctor are:

01. To exercise a reasonable degree of skill and knowledge and a

reasonable degree of care;

02. To exercise reasonable care in deciding whether to undertake the

case and also in deciding what treatment to give and how to

administer that treatment;

03. To extend his service with due expertise for protecting the life of

the patient and to stabilize his condition in emergency situations;

04. To attend to his patient when required and not to withdraw his

services without giving him sufficient notice;

05. To study symptoms and complaint of the patient carefully and to

administer standard treatment;

06. To carry out necessary investigations through appropriate

laboratory tests wherever required to arrive at a proper diagnosis;

07. To advise and assist the patient to get a second opinion and call a

specialist if necessary;

08. To obtain informed consent from the patient for procedures with

inherent risk of life;

09. To take appropriate precautionary measures before administering

injections and medicines and to meet emergency situations;

10. To inform the patient or his relatives the relevant facts about his

illness;

11. To keep secret the confidential information received from the

patient in the course of his professional engagement;

12. To notify the appropriate authorities of dangerous and

communicable disease.

Also read- Dealing with Pharmaceutical Companies : Do’s & Don’ts For Doctors
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