Medical Negligence In Pediatrics

Medical Negligence in Pediatrics presents an ongoing set of legal challenges that continually evolve and impact pediatric specialists in their practice. These legal issues continue to catch pediatricians off guard regularly. The use of seemingly harmless terms such as “iatrogenic”, “acknowledge cases of”, “acknowledged complications”, and “acknowledged as causing death or disability” can be linked to allegations of medical malpractice, among other accusations.
Pediatric medical care, vaccinations, and related services, fall under the jurisdiction of the Consumer Protection Act-2019 and the National Medical Commission (NMC) 2019. The NMC introduced a new code of conduct on 02-08-2023, which kept in abeyance from 23-08-2023, resulting in the continuation of existing code of ethics 2002. Chimera of s. 106(1) of Bharatiya Nyaya Sanhita (BNS II) is apparently harsher than IPC 304A, a way away from complete decriminalization as promised on December 20th, 2023 by Union Home Minister.
For the first time, pediatricians start recognizing the importance of effective communication regarding material risks, proper documentation, counseling, forewarning, risk disclosures, guarantees, and warranties. All of these elements contribute to creating informed consent/contracts for medical services. This book underscores the importance of knowing why, when, how, where, and what to document on outpatient (OPD), inpatient (IPD) transfer, and discharge papers, as this documentation serves as rebuttable evidence through the proper preservation of medical records.