CAN NEGLIGENCE CLAIMS BE MAINTAINABLE AGAINST AYUSH PRACTITIONERS

AYUSH is a newly coined umbrella term that encompasses medical professionals practicing in the fields of Ayurveda, Yoga, Unani, Siddha, and Homeopathy, systems of medicine deeply rooted in ancient traditions.

Though AYUSH practitioners and their scope of practice vary significantly from the responsibilities of allopathic doctors in India as these practitioners offer alternative and complementary treatment options; they still owe a duty of care to their Patients and can be made liable if any sort of negligence is caused from their end.

What is the Standard of Care that AYUSH Practitioners must adhere to?

The standard of care for AYUSH practitioners is governed by the guidelines and practices accepted within each system of medicine (Ayurveda, Yoga, etc.). If a Practitioner’s actions deviate from the said acceptable norms and practice, the practitioner is said to have deviated from the standard of practice.

When Can Negligence Claims Be Made?

Negligence claims can be made against AYUSH practitioners if they fail to meet the established standard of care in their field and if the patient suffers harm as a result. For instance if there is a misdiagnosis on part of the AYUSH Practitioners when the symptoms clearly depict otherwise. Further, failure on part of an AYUSH Practitioner to refer a Patient to a specialist can also be categorized as negligence on part of the said practitioner.

What must a Patient demonstrate in order to claim damages from an AYUSH Practitioner?

• Breach of duty: The AYUSH practitioner failed to meet the standard of care within their respective practice (Ayurveda, Homeopathy, etc.).
• Causation: The practitioner’s failure to follow appropriate treatment protocols directly led to harm.
• Damages: The patient must show they experienced physical harm, financial loss, or emotional distress due to the practitioner’s negligence.

CONCLUSION

To summarize the above-mentioned Post, one can state that just like all practitioners, even AYUSH Practitioners are members of the medical profession and must adhere to set standard of care while treating their Patients. In case the standard of care which they are expected to adhere to is contravened by them, then cases of negligence can be maintainable against them in consumer commissions akin to negligence claims against allopathic doctors.