Medical Negligence In India
Deterioration of doctors' mistakes, which sometimes causes the irreversible outcomes for patients, is a medical issue. In India there are legal protections allocated to health care professionals to practice keeping a minimum level of caring format. This blog studies medical negligence, its kinds and the legal framework in India on how it is handled in addition to the information on how people can be assisted by medical negligent attorneys.
What is Medical Negligence?
Medical negligence is the process whereby the healthcare professional commits an error of omission or commission and as such does not provide care appropriate for set standards. This includes:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Failure to obtain informed consent
Medical Negligence within Indian Legal System
The Indian legal system, which emphasizes on the patient's right to receive quality medical care, is providing assistance. Here's a breakdown of the key legal provisions:
- The Consumer Protection Act (1986 & 2019)
- The Indian Medical Council Act (1956)
- Negligence under Tort
- Indian Penal Code (IPC), 1860
- Medical Council of India (MCI) Guidelines
Landmark Case Laws
Several landmark cases have shaped the landscape of medical negligence law in India:
- Anuradha Shah v. Prakash Lab (2012)
- Kunal Shah v. Estate of Dr. P. K. Gupta (2010)
- Pinky Virani v. Dr. Junjun Mehta (2019)
Legal Aspects of Medicine and Medical Rights
In India, medical law is not limited to negligence alone, which it goes far beyond that. It encompasses various aspects related to:
- Consent and Medical Ethics
- Medical Records
- Medical Devices and Drugs
Addressing Medical Negligence Through Lawyers
If it seems to a person that has suffered from the medial negligence it is imperative to address this matter with a lawyer. Indian medical negligence lawyers excel at handling such cases.
Conclusion
The Indian jurisprudence lends itself to the compensation for patients who suffer from medical negligence. Through the process of building up one’s understanding of rights and finding lawyers who specialize in medical negligence, one can successfully go through with the legal proceedings and may possibly be awarded compensation, for the harms he/she have had to go through.
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