Medical Ethics Is Casualty in COVID Pandemic

The issue with ethics is that it is, by far, perceived as possessing an element of persuasion that is enforced by fear of social disassociation as opposed to law which is, in most quarters, mandated and ascertained by threat of penal action, material loss or professional banishment. 

The role of the medical professional, across continents, has been in sharp focus over the last two years owing to the COVID pandemic. And, actions as necessitated by situations extraordinary and urgent as forced by the pandemic could be mostly generalised as ‘Acts Done In Good Faith’ and, concurrently, implied and protected to some extent by law.

Intention Of No Consequence In Cases of Medical Negligence

In a recent ruling by the Supreme Court of India, issues of medical negligence, mens rea and legal procedures laid down by the Apex Court came into focus, once again. The bench of Justices AM Khanwilkar and Sanjiv Khanna set aside a judgment of the Patna High Court as well as the summoning order issued by the Trial Court and ruled mens rea was not required in Medical Negligence cases.