What is medical negligence?

Medical negligence is one of the major areas covered under the medical laws of India along with other major statutes. A simple definition given for the term ‘medical negligence’ is that it is simply a failure to exercise proper care. There are ‘three principal elements’ that constitute the ingredients of medical negligence: 

1. The accused owes a duty of care to the plaintiff.
2. The accused has breached that duty in some way or the other.
3. The plaintiff has suffered a loss as a result of the breach.

Why only us? 

Our team of medical lawyers has a deep understanding of the fields of both medicine and law. Our Managing Partner, Dr. Sunil Khatri has forty years of experience in the medical field and twenty years of experience in the field of law with specialization in medical negligence.

Therefore we can find out whether there has been medical negligence in the treatment provided to the patient or not. In such a situation, a legal notice is sought by the doctor/hospital seeking compensation for the wrong diagnosis and against the Medical Negligence Act. Our team of medico-legal experts then drafts the complaint which is filed in the appropriate tribunal and argued effectively in the courts, achieving attractive results for the patient/relatives in cases of alleged medical negligence. 

 we do justice for both sides 

Our services are not limited to patients, rather we fight for the party that is just. There are many instances when a doctor is dragged down by patients and their relatives and demands bizarre medical malpractice compensation. Such incidents can happen even when the doctor or hospital has provided treatment as per the prescribed standards of care and there has been no medical negligence in the treatment.

In such situations, our team of medico-legal experts prepare appropriate responses to such complaints and argue in the courts to defend the doctors/hospitals with excellent results, which are favorable to the doctors/hospitals. Similarly, a health insurance lawyer from our team will appear to defend the client at the doctor/hospital.

Hospital negligence lawyers are a very specialized branch of legal practice which is the core strength of our law firm. Our expertise is valued by our clients in medical negligence cases, and in preparing defenses in medical negligence. Our team of medico-legal lawyers based in Delhi is capable of taking care of all such cases when there is a breach of duty of care.

Awareness about medical negligence

 Recently, the Indian public has become quite aware of their rights as patients. This is mainly due to some facts that the price of health care has increased due to the high cost of diagnostic methods like CT scans, MRIs, cancer treatments, high-level heart disease modalities, etc. All this has led to the situation that deviant outcomes in treatment are unacceptable to patients or their relatives, sometimes coupled with a lack of care and failure to communicate with the patient or his family, hence medical malpractice. The compensation is increasing. 

The condition can be diagnosed by many medical conditions, some of which have been dealt with:

• Redressal sought from patients for losses caused by doctor’s negligence
• Cases involving violations of confidentiality arising from the physician-patient relationship
• lack of proper consent 

In case of medical negligence, the doctor will be liable for certain medical malpractices. Hospital negligence claims arising from medical negligence can be criminal or civil or only civil. In India, inappropriate diagnoses and suspected negligent diagnoses are not always included in medical negligence cases in Indian statistics. These may be anesthesia errors or cases of patient negligence.

Civil negligence in medical matters

Negligence is a breach of duty caused by the omission to do something that a reasonable person, guided by the considerations that normally govern the conduct of human affairs, would do or do something that a sensible and reasonable person wouldn’t.

Actionable negligence involves neglect to use ordinary care or skill towards a person to whom the defendant owed a duty to exercise ordinary care and skill. Due to this negligence, the plaintiff has suffered a loss to his person.

criminal medical negligence

Criminal liability may be imposed on a medical practitioner in special circumstances, in which the death of a patient is caused by gross negligence in which a practitioner in his senses could not have performed such an act of treatment.

Death may also be caused by malicious intent. To prosecute a medical professional for negligence under criminal law, it must be demonstrated that the accused did something or failed to do something which, in the given facts and circumstances, no medical professional could or would have expected in his or her ordinary understanding. and would not have done or failed to do so in good conscience. The risk taken by the accused doctor must be such that the injury caused is most likely to occur. As medical negligence lawyers, we are experts in handling criminal negligence cases. 

For example, instead of operating on the right eye, the left eye was operated on. Instead of operating on the left leg, the right leg was operated on.