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CONSULT THE BEST MEDICAL NEGLIGENCE LAWYERS IN MIHINPURWA, BAHRAICH

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Lawyers for Medical Negligence in Mihinpurwa, Bahraich

Saving a life is the biggest thing on earth, nothing is bigger than that. When people lose their hope they pray to God to save the life of their loved one, after god if there is anyone who can give them, hope is doctors which is why people consider doctors as a god. What nobody can do, but what if doctors make mistakes? What if instead of saving a life a person loses his/her life because of a doctor? Is the doctor's mistake being small and can be ignored? how to file a complaint regarding medical negligence? How to find a medical negligence lawyer? Who are the top medical malpractice attorneys? We will discuss all these questions including what is medical negligence? What includes medical negligence?

What is Medical Negligence

Doctors have a huge burden on their shoulders. They are responsible for a person’s health, if the person or patient gets better then the doctor will get the credit for that but one small mistake can cost him/her and the patient both big times. One small mistake of a doctor can spoil a patient’s life or cost them irreparable damage.

We are humans and mistakes are expected from us but the problem is medical profession is something where there is no place for mistake or negligence because there they are dealing with someone else’s future but when any medical practitioner because of his/her carelessness or negligent behavior causes a patient any type of injury whether its small injury or permanent damage or even cost the patient his/her life is called medical negligence.

Medical Negligence is a punishable offence under different laws if it is proved that actually the medical practitioner has committed mistakes or was being careless or he/she was negligent during the performance of his/her duty.

What is considered Medical Negligence?

Medical Negligence can include anything which shows that the medical practitioner was not sincere about his work or performing him/her duty towards a patient. The acts which could be considered as medical negligence are:

  1. Wrong Medical Advice.

  2. Wrong Medication.

  3. Faults or mistakes during surgery.

Types of Medical Negligence

Medical Negligence can be committed in two ways; first when the medical practitioner did not provide the right way of treatment or medical attention and secondly when the medical practitioner carelessly performs his/her duty. Some of the types of medical negligence are as follows:

  1. Diagnosis error: The first thing that doctors do is ask you what is your problem and when you explain them on the basis of your symptoms, they diagnose the problem. Here if the doctors made an error in his/her diagnosis of the problem of the patient and on the basis of that he/she gives him/her wrong treatment and injury caused to the patient then the doctor will be held liable for that.

  2. Late diagnosis: If the doctor fails to diagnose the problem of the patient on the time it could cost the patient injury which might be either permanent or long term or may lead to death, therefore the doctor will be responsible for that.

  3. Mistake during surgery or unnecessary surgery: If the doctor commits any mistake at the time of performing surgery like for example leaving a foreign object inside the body of the patient or made the wrong incision could be dangerous and can cause the patient damage. Similarly, if there is no need to perform surgery but still the doctor suggests them or perform surgery then the doctor will be liable if the patient suffers damage.

  4. Wrongful Medication or the inappropriate amount of medical drugs: In medicine, every drug or dose of medicine is important and cannot be taken as a joke. Even a small extra amount of medical drugs can take a life. Especially during the surgery when anesthesia is used, if the doctor or medical practitioner using the wrong amount of anesthesia and the patient suffers damage or injury minor or permanent or long term then the doctor will be liable for that. The same goes with the dose of other medical drugs or medicine the wrong amount can be dangerous for the patient which makes the doctor liable.

Essentials of Medical Negligence: There are certain duties of a doctor which doctors have to perform and if a doctor fails to perform he would be liable for medical negligence:

  1. Whether he/she wants to take the case of the patient or not.

  2. What treatment the doctor wants to give to his/her patient.

  3. The method or manner of the treatment is also the duty of the doctor.

To show that the medical practitioner has committed medical negligence, the person has to fulfill the requirement which is essential for medical negligence:

  1. The doctor or the medical practitioner has a duty towards the patient.

  2. The doctor or the medical practitioner fails to perform the duty.

  3. The patient has suffered injury or damage.

When the case related to medical negligence arise three things comes into the picture as well:

  1. Standard of care: Standard of care is defined as the treatment or the medication or the hospital or the medical practitioner is meeting the need of the patient or not for example The number of beds for a patient in the hospital, proper machines that are required for the treatment or diagnosis, the cleanliness of the hospital is also one of the important things. Standard of care basically means the standard of the treatment or they are maintaining the standard for health or healthy environment in medical places like hospitals and clinics.

  2. Duty of care: Duty of care means that the doctors have a duty towards the patient. It is the duty of the doctor or the medical practitioner to save the patient or to make sure that the patient doesn’t suffer any injury or damage. Although the doctors have the right to choose which case he/she wants to take or not but there is a certain condition like an emergency situation at that point of time the doctor cannot refuse to treat a patient that would amount to negligence. Similarly, patients also have the right to refuse to be treated by certain doctors. The only thing doctors need to keep in mind is that the patient should get the treatment and get relieved from the medical issues for that doctors should never reduce the manner of treatment nor should stretch the treatment.

  3. Res Ipsa Loquitur: Res Ipsa Loquitur is a doctrine that means “Things that speak for himselfâ€. In case of medical negligence, it is very important to prove or to show the judge that the damage or injury caused to the patient is due to the negligence of the doctor or the medical practitioner. This doctrine focuses on whether the patient injured himself/herself or it is the doctor’s fault? secondly, the nature of the injury or the damage cause whether it could be done by an expert only or not? Thirdly what were the circumstances when the person or patient suffers the injury?

Legal Provisions:

  1. Section 304A of mihinpurwa, bahraichn Penal Code: It states that if a person’s negligent act results in the death of the person or his/her negligent act results in culpable homicide, then the person should be held liable for it and punished with imprisonment for up to two years or fine or both.

  2. Section 337 of the mihinpurwa, bahraichn Penal Code: States that if a person s life is under threat due to a doctor's negligent or careless act then the doctor should be punished for imprisonment or fine or both.

  3. Section 338 of the mihinpurwa, bahraichn Penal Code: This section says that if a person’s negligent act threatens a person’s life or personal safety then the doctor will be punished for imprisonment for up to 2 years or fine or both.

Laws that defend the doctor’s act

Section 80 of the mihinpurwa, bahraichn Penal Code: It basically talks about the accident, this section states that if something happened due to an accident without any intention to cause harm, in such cases the doctors will not be held responsible for his actions.

Section 81 of the mihinpurwa, bahraichn Penal Code: It states that if a person causes damage in order to avoid the big damage and the act performed in good faith without intending to harm is not an offence. Therefore, the doctor will not be held liable.

Section 88 of the mihinpurwa, bahraichn Penal Code: This section states that even after getting the consent from the patient the doctor does something in good faith and did not cause any harm to the patient even after the patient is ready to take the risk it is not considered as an offence and the doctor will not be held responsible for that.

Procedure to file complaint for Medical Negligence

  1. The patient will have to file the complaint in the police station or medical council.

  2. If the complaint is filed in the police station, then the police will send a legal notice to the State Medical Council regarding the matter.

  3. If the State Medical Council thinks that the complaint and the report is appropriate then the council will send the report to different courts

  4. If the council finds out that the life of the patient is in danger or the case that is filed is appropriate and there is reason to believe that the doctor's act was negligent then the doctor’s license will get suspended till the case gets over.

  5. The facts and the evidence will be shown to the council by the Medical lawyer or clinical negligence solicitor to show that the doctor’s negligence has caused the patient harm.

  6. After listening to the facts and seeing evidence if the crime of the doctor is proved then his/her punishment will be decided according to the given provisions of law.

  7. If the punishment given to the doctor does not satisfy the patient, then with the help of a lawyer he/she can file an appeal to the medical council of mihinpurwa, bahraich.

  8. In case the patient wants compensation for the damage caused then he/she should file the complaint in the consumer court. Consumer courts can order to give compensation to the patient if they find the doctor guilty but cannot punish the doctor.

Cases related to Medical Negligence

State of Harayana v. Smt Santra: In this case, the court held that humans can make mistakes which means a doctor can make mistakes but if the doctor is not performing the duty with proper reasonable care or with the skill that is supposed to be expected from a medical practitioner then the doctor will be held responsible.

V.Kishan Rao v. Nikhil Super Speciality Hospital: In this a lady is brought to the hospital for the treatment of malaria but the doctor gave her the treatment for typhoid, the husband of the lady or the patient filed a complaint against the hospital for stating the same. The court applied the doctrine of res ipsa loquitur and the husband got 2lakh rupees as compensation.

Jacob Mattew v. the State of Punjab: In this case, Supreme Court describes the fact that sometimes the doctors have to take risks to avoid the damage. Sometimes doctors have to take risks if they believe that they will succeed in such cases. It will depend on the facts and circumstances that determine whether the doctor will be held liable or not.

Conclusion: Hence it is concluded that humans are allowed to make mistakes but doctor whose hands can save a life cannot expect to be careless because one wrong or careless action of the doctor can maybe kill someone and that is irreparable damage, therefore, the skilled professional like a doctor cannot be expected to make mistake but if the doctor or medical practitioner or the hospital were negligent or careless in performing the duty they were supposed to towards the patient then the hospital or doctor responsible to cause the harm of the patient will be held liable for Medical Negligence under criminal law and in case the patient needs compensation then the matter will be in the hands of consumer courts, with the help of malpractice lawyer the patient can file a complaint about the same.

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