How to Claim for Medical Negligence and Malpractice in India

By Indolegal |

Hospital medical negligence is not so common in India as it was a few years ago, but it is still prevalent. Several hospitals across the country are found responsible for medical malpractice or negligence, as a result of which patients and their families suffer. Most cases of negligence medical malpractice are noticed during major operations. By bringing such cases of hospital medical negligence into light through claims for medical negligence, it is possible to get some sort of monetary support and it also ensures that such faults never take place again. Here at Indolegal.com, we consider it our duty to bring such cases of negligence to the attention of the necessary authorities. Professional malpractice lawyers on behalf of Indolegal.com will answer all your questions. Read on to know more about medical negligence claims.

Overview of Claim for Medical Negligence and how to Prove Medical Negligence

Negligence medical malpractice is, in legal terms, an act of negligence that is committed by medical provider; a physician most of the time. It is an act of negligence that would not have been done by a medical provider of normal skills and expertise. It can be constituted of something extremely simple, like forgetting to put back the hospital bed rails to the upright position. The act can also be something extremely complex that occurs while performing major surgeries. An important issue in this is whether the patient has signed the consent for a particular treatment. This should only be done when a patient has been told about the benefits, risks, alternatives and other details of the medical care being given to him or her. Indolegal ensures that the entire process takes place according to the process prescribed by law.

The Indian government does have some rules and regulations that entitle people to receive good medical care and protection against hospital medical negligence. If you suffered from substandard and poor medical care, then you need the services of an attorney for medical negligence to obtain compensations for the damage caused. Given below is a description and definition of how to prove medical negligence. You can contact the Indolegal.com team if you need more information or help in filing claims for medical negligence.

Definition and Description of Claims for Medical Negligence

In order to claim for medical negligence, there has to be damage and injury to the patient that occurred as a direct result of the hospital medical negligence. Shockingly, a large number of medical negligence cases are not noticed at all; negligence in India often is often overlooked or goes undetected. Moreover, Supreme Court rulings in the fast few years have given doctors a lot of safeguards that protect them against such cases. That is why it is important that you choose good lawyers for medical negligence. Indolegal.com can provide you with all the legal assistance that is necessary.

There are certain guidelines given by the Supreme Court with regards to prosecuting medical personnel, especially doctors, for negligence medical malpractice claims. Firstly, the private complaint must only be entertained when you have prima facie evidence and you have presented it before the appropriate court. The prima facie evidence, in this case, must be in the form of the credible and recognized opinion of another competent doctor that supports the charges of negligence medical malpractice. Before any action is taken against the doctor or medical practitioner, the investigating officer must also obtain the medical opinion of an independent and equally competent medical practitioner. It is preferable if this practitioner is qualified for government service, serves in the same branch of medical practice and can give unbiased and impartial opinion.

Arrests do not happen frequently in case of claims for medical negligence, unless the arrest has been deemed necessary for further investigation into the matter, collection of evidence or if the investigating officer feels that the doctor would not face the prosecution willingly. In most cases, claims are made only for recovery of damages and not for punishment of criminal offense, unless the negligence medical malpractice is gross.

When it comes to patient’s rights, the Indian Constitution does not provide anything special or out of the way. The patient’s rights are actually indirectly derived from the obligations of the medical practitioner under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. As you can see, the laws regarding claims for medical negligence can be a little confusing, which is why it is best if you consult the Indolegal team for getting professional assistance regarding medical negligence.

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