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Relief in Cases of Medical Negligence

Medical negligence, under Indian law, refers to the failure of a medical professional to provide a standard level of care to a patient, resulting in harm or injury to the patient.

It typically involves a breach of duty of care owed by the medical practitioner towards the patient. Here are some key points regarding medical negligence in India:

  • Breach of Duty: The medical practitioner must owe a duty of care to the patient. This duty requires the practitioner to adhere to a certain standard of care, which is usually determined by what a reasonable medical professional would do in similar circumstances.
  • Deviation from Standard Practice: Medical negligence occurs when the medical professional deviates from the standard practice accepted in the medical community. This can include errors in diagnosis, treatment, surgical procedures, medication administration, or failure to inform the patient about risks associated with a particular treatment.
  • Injury or Harm: The breach of duty must result in harm, injury, or worsened condition to the patient. This harm could be physical, psychological, or financial.
  • Causation: There must be a direct causal link between the negligence of the medical professional and the harm suffered by the patient. The harm must be a foreseeable consequence of the negligent act.

Note

  • Patients who have suffered harm due to medical negligence have the right to seek legal remedies under Indian law.
  • They can file a complaint or lawsuit against the negligent medical professional or healthcare institution responsible for their injury.
  • Legal remedies may include compensation for medical expenses, lost wages, pain and suffering, and punitive damages.
  • In India, medical negligence cases are often adjudicated through civil lawsuits or consumer complaints filed in consumer forums.
  • The Supreme Court of India has also laid down guidelines and principles regarding compensation and liability in medical negligence cases through various landmark judgments.

Legal Framework in India

In India, medical negligence can be pursued under these main legal frameworks:

  • The Consumer Protection Act, 1986: This Act views the doctor-patient relationship as a service contract. A breach of this service contract due to negligence can be grounds for compensation.
  • The Indian Penal Code, 1860: This code deals with criminal negligence. In severe cases where negligence results in serious injury or death, criminal charges might be brought against the medical professional.
  • National Medical Commission: Medical professionals in India are regulated by National Medical Commission at the central level and State Medical Council at the state level. The Code of Medical Ethics Regulations, 2002, contains regulations relating to professional misconduct by medical professionals which can form the basis for disciplinary actions by the Commission.
  • Medical Negligence as a tort: Medical negligence as a tort can also be proceeded under civil law proceedings where certain liabilities can be imposed on the defendant and the damages can be claimed. 
  • National or State Human Rights Commission: Complaints may also be filed before the Human Rights Commission against such irresponsible conduct of doctors. However, Human Rights Commission may only recommend measures.

Elements of Medical Negligence

In order to establish a case of medical negligence, the court usually looks into the existence of the following aspects:

  • Breach of Duty: A doctor-patient relationship exists, creating a legal duty for the medical professional to provide a certain standard of care. The medical professional deviated from the expected standard of care established by the medical profession itself. This can involve actions taken or omitted.
  • Standard of Care: The standard of care refers to what a reasonably competent medical professional with similar training and experience would do in the same situation. The usual standard of care is often determined by taking into account the opinion of other reasonably skilled medical professionals with respect to the alleged act of negligence. It has to be determined whether other similarly placed medical professionals would act in the same way in the same situation. However, if the opinion tendered by other medical professionals appears to be irrational or illogical, the court may not take such opinion in consideration. The standard of care could also be possibly determined by referring to medical guidelines, best practices, and relevant case law.
  • Causation: The breach of duty directly caused harm to the patient.
Additional Considerations
  • Informed consent is a crucial aspect of medical treatment. Failure to obtain proper informed consent can also be a factor in a medical negligence case.
  • The burden of proof lies with the patient to establish all three elements of negligence.
  • Medical negligence cases can be complex and often involve expert medical witnesses.

What to Do in Case of Medical Negligence?

In cases of medical negligence, it's crucial to seek assistance from legal professionals who specialize in medical malpractice or negligence law. Here are the steps you can take to seek assistance:

  • Document Everything: Keep detailed records of your medical treatment, including medical reports, prescriptions, bills, and any correspondence with the healthcare provider.
  • Consult a Medical Malpractice Lawyer: Find a reputable lawyer who specializes in medical negligence cases. They will evaluate your case, advise you on your legal rights, and guide you through the legal process.
  • Gather Evidence: Gather evidence to support your claim, such as medical records, expert opinions, and witness statements.
  • File a Complaint: File a complaint with the appropriate authority, such as a consumer forum or medical board or other competent authority, depending on the nature of your case and the laws applicable in your jurisdiction.
  • Negotiation or Mediation: In some cases, you may attempt to negotiate a settlement with the healthcare provider or their insurance company. If negotiation fails, alternative dispute resolution methods like mediation may be pursued.
  • Litigation: If a settlement cannot be reached, can litigate your case. A seasoned lawyer can help you to present evidence, cross-examine witnesses, and argue your case before a judge or jury.

Throughout the process, it's important to communicate openly and honestly with your lawyer, provide them with all relevant information, and follow their advice closely. They are there to advocate for your rights and help you obtain the compensation you deserve for the harm you have suffered due to medical negligence.

How Can We Help You?

  • Legal Consultation: An initial consultation is necessary to evaluate your case. During this consultation, we will listen to your account of what happened, review any relevant medical records or documentation you provide, and assess the viability of your claim.
  • Case Evaluation: After gathering all necessary information, we will conduct a thorough evaluation of your case to determine the circumstances under which medical negligence occurred. We will consider factors such as the standard of care expected from the medical professional, any deviations from that standard, and the resulting harm to you as the patient.
  • Expert opinion: Credible expert opinion will be obtained regarding the alleged act of medical negligence.
  • Evidence Collection: We will assist you in gathering evidence to support your claim. This may include obtaining medical records, collecting witness statements, and consulting with medical experts to establish the negligence of the healthcare provider.
  • Legal Representation: We will represent you in negotiations with the healthcare provider or their insurance company. We will advocate on your behalf to seek a fair settlement that compensates you for the harm you have suffered.
  • Litigation: We will actively involve in all the litigation proceedings which includes presenting evidence, question witnesses, and argue your case before a judge.
  • Client Support: Throughout the legal process, we will provide ongoing support and guidance. We will also keep you informed about the progress of your case, explain your rights and options, and address any concerns or questions you may have.

Conclusion

Medical negligence cases can be complex, requiring specialized legal knowledge and expertise. 
When seeking assistance from a law firm for a medical negligence case in India, it's important to choose a firm with a track record of success in handling similar cases and a reputation for providing quality legal representation. To know more, contact us.
 

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