What are the remedies available in case of negligence by medical professionals?
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What are the remedies available in case of negligence by medical professionals?
a) Compensatory action: seeking monetary compensation before the Civil Courts, High Court or the Consumer Dispute Redressal Forum under the Constitutional Law, Law of Torts/Law of Contract and the Consumer Protection Act. b) Punitive action: filing a criminal complaint against the doctor under the Indian Penal Code.
What kind of medical negligence cases go to consumer court?
There are various kinds of situations which amount to medical negligence by a medical professional such as incorrect diagnosis, deferred diagnosis, inaccurate surgery, long term negligent treatment, childbirth and labor malpractice, needless surgery and erroneous administration of anesthesia etc.
How can I take legal action against a doctor in India?
File a complaint with the local police and the concerned state medical council. If the complaint is filed to the police, they may then proceed to forward the complaint to the State Medical council. In case the council finds enough evidence to 0take the case seriously, they will send the required reports to the courts.
What are the 4 things that must be proven to win a medical malpractice suit?
However, there are 4 things that must be proven in order for you to win a medical malpractice case.
- Standard of Care. Doctors are human.
- Breach of Standard of Care.
- Damages.
- Contact An Experienced Medical Malpractice Attorney.
Where can I complain against hospital in India?
Lodge your complaint or send suggestion to the Medical Council of India (MCI). Users can lodge a complaint and send their suggestions/feedback by entering the subject, email address and name along with complaint/feedback description in this form.
Where do I file medical negligence case in India?
The first step to be taken in case of medical negligence is to file a proper complaint to the State Medical Council against the concerned doctor, practitioner or authority. The victim may file a complaint via the consumer court or a criminal court a per the nature of the negligence.