A COMPREHENSIVE STUDY ON HEALTHCARE LEGAL ISSUES IN ICU AND PATIENTS RECOURSE WITH RESPECT TO INDIAN LAWS

The effect of Covid–19 Pandemic Globally has brought out the lacunas, more so Negligence and Malpractices of the healthcare professionals have come out. Though the stress and strain of the healthcare professionals due to work load and a sudden change in the healthcare environment are some of the causes but they are not shielded against negligence and malpractices. Covid-19 Pandemic has created an entirely new environment especially in intensive care units of any healthcare facility; Primarily due to the reasons, that maintaining physical distancing, having mask and in addition the healthcare professionals have to wear PPE (Personal Protective Equipment) Kits which are hitherto unknown to the professionals are not acclimatized are some of the causes. However, the covid patients, who are admitted into ICU are in a desperate position in breathing and they have to be provided with oxygen for survival. Since the pandemic is so severe and patients coming to the healthcare facilities for want of covid beds are more than the present capacity and the equipment in the ICU are not sufficient are also some of the causes of negligence and malpractices. This article has focused on all these issues and with reference to guidelines given by State and Central Governments from time to time and guidelines of the Apex Court, are discussed with the help of decided cases by the Highest Courts of the Country. There are also some ethical issues regarding patients and healthcare professionals and the legal recourse for the same. It is also known fact that nobody is above the law and everyone including healthcare professionals and healthcare facilities are bound by the judiciary for their wrong doings and liable for not only prosecution but also compensation to the victims (patients). ____________________________________________________________________