I have all medical records to prove gross negligence but need an expert opinion who can be approached for opinion
I have all medical records to prove gross negligence but need an expert opinion who can be approached for opinion
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Lawyer Response:
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It is important to know what constitutes medical negligence.
A doctor owes certain duties to the patient who consults him for illness.
A deficiency in this duty results in negligence.
A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.
A consumer or any recognized consumer association, i.e., voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force, whether the consumer is a member of such association or not, or the central or state government.
A consumer is a person who hires or avails of any services for a consideration that has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person hires or avails of the services for consideration paid or promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person.
This definition is wide enough to include a patient who merely promises to pay.
A complaint is an allegation in writing made by a Complainant, i.e., a consumer that he or she has suffered loss or damage as a result of any deficiency of service.
Deficiency of service means any fault, imperfection, shortcoming, or inadequacy in the quality, nature, or manner of performance that is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
A complaint can be filed in 1) the District Forum if the value of services and compensation claimed is less than 20 lakh rupees, 2) before the State Commission, if the value of the goods or services and the compensation claimed does not exceed more than 1 crore rupees, or 3) in the National Commission, if the value of the goods or services and the compensation exceeds more than 1 crore rupees.
There is a minimal fee for filing a complaint before the district consumer redressal forums.
An appeal against the decision of the District Forum can be filed before the State Commission.
An appeal will then go from the State Commission to the National Commission and from the National Commission to the Supreme Court.
The time limit within which the appeal should be filed is 30 days from the date of the decision in all cases.
The forums have a variety of powers.
They are 1) the summoning and enforcing of the attendance of any defendant or witness and examining the witness under oath, 2) the discovery and production of any document or other material object producible as evidence, 3) the reception of evidence on affidavits, 4) the summoning of any expert evidence or testimony, 5) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source, 6) issuing of any commission for the more info examination of any witness, and 7) any other matter which may be prescribed.
The process before the competent forum will be set in motion in the following manner.
When the Complainant files a written complaint, the forum, after admitting the complaint, sends a written notice to the opposite party asking for a written version to be submitted within 30 days.
Thereafter, subsequent to proper scrutiny, the forum would ask for either filing of an affidavit or production of evidence in the form of interrogatories, expert evidence, medical literature, and judicial decisions.
Consult with LawZapo with regards to Criminal Lawyers in Mumbai who can assist with matters related to Property, Criminal, Corporate, Family Law matters.
Conclusion:
The patient who consults him for illness owes a certain duty to the doctor. A deficiency in this duty results in negligence. A fundamental knowledge of the way in which medical negligence is conferred in various Indian courts will assist a doctor in his profession without undue concern about proceedings in the event of suspected medical fault.
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