Relief in Cases of Medical Negligence

Medical negligence under Indian law refers to the failure of a medical professional to provide the standard level of care to a patient, resulting in harm or injury. It typically involves a breach of the duty of care owed by the medical practitioner towards the patient. 

• 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, a worsened condition, or death to the patient. The harms could be both physical and psychological.  
• 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.

Remedies

• 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 or harm.
• 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. Criminal Complaints or First Information Reports (FIRs) can also be filed in specific cases. 
• 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

• 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.
• IPC, 1860/BNS, 2023: 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: In India, medical professionals are regulated at the central level by the National Medical Commission and at the state level by the State Medical Council. The Code of Medical Ethics Regulations, 2002, contains regulations governing professional misconduct by medical professionals, which can serve as the basis for disciplinary actions by the Commission.
• Medical Negligence as a Tort: Medical negligence can be pursued as a tort under civil proceedings, where certain liabilities can be imposed on the defendant, and damages can be claimed. 
• Human Rights Commission: Complaints may also be filed before the Human Rights Commission against the irresponsible conduct of doctors. However, the Human Rights Commission may only recommend measures.

Elements of Medical Negligence

• 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. 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 concerning the alleged act of negligence. It must be determined whether other similarly situated 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 consider such an opinion. The standard of care could also possibly be 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
  • Consent is a crucial aspect of medical treatment. Failure to obtain informed consent can also be a factor in a medical negligence case.
  • The burden of proof lies with the patient in establishing the above-mentioned three elements of negligence.
  • Medical negligence cases can be complex and often involve expert medical witnesses.

What to Do in the Event of Medical Negligence?

• Document Everything: Keep detailed records of your medical treatment, including medical reports, prescriptions, bills, and any correspondence with the healthcare provider.
• Consult a Lawyer: Find a seasoned lawyer specialized 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, relevant documents, witness statements, etc.
• File a Complaint: File a complaint with the appropriate authority, such as a consumer forum, medical board, or other competent authority, such as local police or a concerned court, depending on the nature of your case and the laws applicable in your jurisdiction.
• Negotiation or Mediation: In certain cases, you may negotiate a settlement with the healthcare provider or insurance company. If negotiation fails, alternative dispute resolution methods, such as mediation, may be pursued.

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 the incident, 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 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. Credible Expert opinion may be obtained regarding the alleged act of medical negligence.  
• Evidence Collection: 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: Represent you in negotiations with the healthcare provider or their insurance company. Advocate on your behalf to seek a fair settlement that compensates you for the harm you have suffered.
• Litigation: Evaluation is necessary to determine whether the case comprises a civil nature, including compensation for damages, or a criminal nature, including penalties. Identifying the nature of injury or harm, and accordingly, assisting you in filing a lawsuit.

Conclusion

Medical negligence cases can be complex, requiring specialized legal knowledge and expertise. Absence of proper documentation and evidence may result in dismissal of the lawsuit or acquittal in criminal charges. When seeking assistance from a lawyer for a medical negligence case in India, it's essential to disclose all relevant information and the sequence of events, along with each document from the medical record, to obtain quality legal representation. To know more, contact us.