Union of India, MCI issued notice regarding prescription of guidelines for Private Hospitals to curb medical negligence

Supreme Court: In the case relating to medical negligence where it was contended that the treating physician should have been well advised to ask for a Lever Function Tests (LFT) as that was absolutely necessary but the same was not done which amounted to gross negligence, the petitioner urged that neither the Union of India nor the Medical Council of India nor the State Governments are prescribing any guidelines for treatment of the patients in the Intensive Care Units (ICU) or Critical Care Units (CCU) and also that there is no proper care at the stage of operation or post-operational stage.

Considering the above-mentioned contention and the fact that the medical negligence cases are increasing especially in private hospitals, the bench of Dipak Misra and U.U. Lalit, JJ issued notice to the Union of India, the Medical Council of India and to all the State Governments represented by the Health Secretaries and asked them to submit their reply within 6 weeks from the date of this order. [Asit Baran Mondal v. Rita Sinha, 2016 SCC OnLine SC 827, Order dated 17.08.2016]

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