Medical Negligence in India: Legal Rights, Compensation & How a Lawyer Can Help

There may have been a failure in the surgical operation. The patient may have been diagnosed late. There may have been a prescription of a medicine that led to adverse effects on the patient's health of the patient. In these cases, the first thing that needs to be established is whether there was a case of malpractice or bad luck in medicine.

The issue of negligence in medical cases in India is determined by the reasonable standard of care that one should have provided, any deviation from it, and whether the said deviation caused injury or damage to the patient. This means that the medical record, treatment schedule, medical opinion, and proof of damage are key to such a case.

In case you wish to pursue a case on the grounds of medical negligence, VakeelSaab can assist you with guidance regarding your legal rights and help you approach an attorney further. Proper guidance can help you evaluate the evidence, determine the right legal course of action, and even estimate possible compensation.

What Is Medical Negligence in India?

Medical negligence in India can be described as a situation where a physician or hospital does not provide the level of care that can be reasonably expected under such conditions, and due to this negligence, damage has been caused to the patient. Just any kind of adverse result cannot be considered to prove medical negligence. There are four main elements for the determination of medical negligence.

For example, a failure to diagnose will be considered medical negligence if the failure causes preventable damage that would otherwise be avoided had the treatment been administered in time. 

Similarly, administering the wrong medication, conducting the wrong treatment, or not monitoring the patient can also serve as evidence to prove negligence in the situation where it is clear that the standard of care was not adhered to.

Medical Negligence vs a Bad Medical Outcome

Failure can arise even where the physician adhered to the proper standard of care. What really matters is not only what befell the patient but rather whether the action of the healthcare professional resulted in unnecessary injury.

The critical issue here is not that the treatment has not been successful, but rather that the failure of the physician or medical institution to meet the necessary standard of care resulted in preventable injury.

What Counts as Medical Negligence?

Medical negligence is not a single form of wrongdoing. The main issue is the failure by the medical provider to meet the appropriate standard of care, thereby causing injury.

• Misdiagnosis or Delayed Diagnosis: An incorrect diagnosis or any delay in the diagnosis may constitute negligence where there was some avoidable injury to the patient.
• Wrong Treatment or Medication Error: Incorrect medications, dosage or treatment procedures may provide grounds for medical negligence.
• Surgical or Anaesthesia Errors: A wrong-site operation, avoidable mistakes during surgery or anaesthesia may constitute medical negligence, depending on the situation.
• Failure to Monitor or Treat Timely: Failure to monitor the patient's condition and to act on the deteriorating condition of the patient may become a negligence case.
• Emergency-Care Negligence: Any unreasonable delays in performing an examination or treatment of an emergency case may be grounds for negligence.
• Informed Consent Issues: A procedure performed without giving the patient all the relevant information about the procedure, the risks involved, and alternatives becomes another legal matter.
• Diagnostic, Laboratory & Hospital Negligence: Mistaken test results, identification mistakes, or inadequate infection control at the hospital level may give grounds for medical negligence.

The crucial issue here will still remain the breach of the standard of care and causation of harm to the patient.

How to Prove Medical Negligence in India?

Just proving that the treatment was not done properly does not suffice in a case of medical negligence in India. In a case of medical negligence, the following need to be proven: 

• Duty of Care: The health care provider should render such treatment that is reasonably expected in the circumstances.
• Breach of Duty of Care: It needs to be proved that there was a deviation from the accepted standards of medical practice, which may not necessarily constitute negligence in itself.
• Causation: Causation of harm due to the breach must be established.
• Injury: This means any harm suffered by the individual because of the breach, like extra medical bills, disability, loss of earning capacity, etc.
• Medical Expert Opinion: This may be essential in complicated cases of medical or surgical malpractice.

Where Can You File a Medical Negligence Complaint in India?

There is no single place that suits all medical negligence cases. It is based on the circumstances surrounding the matter, the remedy sought, and whether there is an element of compensation, misconduct, damages, or criminality. An experienced Medical Negligence lawyer will be able to determine the proper place to file your matter.

1. Medical Negligence Consumer Court Complaint: In case of claiming compensation due to poor quality medical care provided, one could approach the relevant Consumer Commission; for that, one would need the help of a Consumer Lawyer or Medical Negligence Lawyer.
2. Medical Council / Regulatory Complaint: In case there is an issue regarding the violation of professional norms and ethics, one can approach the relevant State Medical Council with the help of a Medical Negligence Lawyer.
3. Civil Remedy: If a claim for compensation is legally maintainable, one could approach a Civil Lawyer.
4. Criminal Proceedings: If the act of medical negligence qualifies as criminal negligence, then a Criminal Lawyer who has expertise in handling such cases can be approached to examine the matter in light of Section 106 of the BNS.

It is essential for the forum to be selected based on your right to seek redress for an issue that occurred during the course of treatment.

How to File a Medical Negligence Case in India

If you are looking to find out how to file a medical malpractice case in India, it is imperative to ascertain the facts of your case first before deciding whether or not to pursue a legal case. If you file a case with no documents, it will be difficult to ascertain what really happened.

• Get full medical history: Gather prescriptions, reports, medical treatments, invoices, discharge letters, and all other relevant medical records.
• Make a treatment history: Note any consultations, medical tests, medical procedures, medications, and any other changes to the patient's state.
• Keep evidence: Store the medical documents, communications, bills, and any other related materials.
• Get a proper medical evaluation: An independent medical evaluation might help determine whether the treatment was not according to medical standards.
• Determine appropriate forum: Decide whether your case is to be heard by a Consumer Commission, Medical Council, civil court, or some other forum.
• Establish the limitation period: It is necessary to establish the time limit before anything else.
• Give a legal notice when necessary: A lawyer can advise you whether giving notice or seeking a settlement will be more effective.
• File your medical negligence complaint: File your complaint or other relevant proceedings with evidence.
• Present evidence: Respond to the defence of the physician or hospital.
• Wait for the results: Depending on the forum, this might include enforcement or an appeal.
• Follow the outcome: It can depend on the forum whether it is an enforcement or an appeal. A Consumer Lawyer, Civil Lawyer, or Criminal Lawyer could be appropriate based on the process.

Can a Medical Negligence Complaint Be Filed Online?

Complaints from consumers may be filed through e-Jagriti in accordance with the relevant procedure. Some medical records, identity proof, and other evidence may be needed, while the status of the case may be tracked via e-Jagriti. But it is important to note that all cases of medical negligence need not be filed online in the same manner.

What Is the Time Limit for Filing a Medical Negligence Case?

A medical negligence case cannot be said to have a single period of limitation for all cases in India. It will depend on what kind of legal remedy that one is pursuing, whether it is consumer, civil, regulatory, or even criminal.

How Much Medical Negligence Compensation Can You Claim?

The compensation for each medical malpractice claim is not set at a single level. It is contingent upon the injury, degree of negligence, and loss incurred.

Compensation may consider:

• Severity of injury or disability
• Costs incurred for treatment in the past and future
• Costs of rehabilitation and attendant care
• Financial loss incurred due to inability to work
• Pain and suffering
• Other damages that are legally recoverable
• Losses incurred by dependents in relevant death claims

With the help of a Medical Negligence Solicitor, one can review the evidence to determine what losses are compensable under the law.

What Laws Apply to Medical Negligence in India?

Negligence in medical practice can be considered under various laws depending on what remedy is being sought.

1. Consumer Protection Act, 2019

This Act offers a consumer law approach to the complaint regarding any defect in the services, which includes medical services disputes.

2. Bharatiya Nyaya Sanhita, 2023

Section 106 concerns the cause of death by negligence, especially for registered medical practitioners.

3. Medical Ethics and Professional Regulations

Professional misconduct may also be dealt with through the regulatory laws that govern registered medical practitioners, such as the State Medical Councils and the National Medical Commission.

4. Civil Law Remedies

If there is a legal remedy available, then a civil suit may be filed to get compensation for the loss suffered. This may be done with the help of a Civil Lawyer.

What If the Doctor or Hospital Denies Negligence?

The denial will not resolve the matter of the claim for medical negligence. The physician or the medical institution may defend themselves by arguing that the complication was an expected one or that the procedure was conducted according to the standards of medical practice.

Common defences include:

• Known risk: The injury was a known potential complication of the procedure.
• Acceptable method: The doctor used an acceptable method of treatment.
• Existing condition: The patient's existing disease of the patient led to the result.
• Conduct of the patient: The patient did not adhere to the advice or treatment.
• No causation: There was no causation of the injury from the mistake.
• Alternative medical decision: Another doctor could have done something else, but that is not enough to prove negligence.

A Medical Negligence Lawyer may examine the records and medical evidence to evaluate these defenses.

The real issue at hand is the evidence, standard of care, and causation, not just the unfavorable outcome of the treatment.

What Should You Do If You Suspect Medical Negligence?

In case you feel that the doctor or the hospital could have been negligent, it is better to keep the evidence before taking any step in this regard. Some initial steps can be taken, such as:

• Obtaining full medical records while keeping the originals.
• Preparation of a chronological record of consultation, tests, treatment, and complications.
• Getting an independent medical opinion.
• Keeping all the bills and other expenses as well as the hospital correspondence.
• Reviewing the limitation period.
• Abstaining from any groundless publicity.

The Legal Advice provided by a Medical Negligence Lawyer can be useful in this connection.