Medical negligence or medical malpractice is when a doctor fails to provide care and treatment to the patient as per the standards of medical practice and because of which the patient suffers harm or even death.
Medical negligence cases can be dealt under the Civil law, tort, Criminal law, or Consumer Protection Act, or even Indian Contracts Act. It depends on the nature of the case.
A medical negligence case is often challenging because you must prove that the defendant did wrong and you must also prove that you suffered damage due to negligence of the defendant. This may need legal assistance. You must hire a lawyer to represent your case strongly.
“Res ipsa loquitur” is a Latin phrase that means “the things speaks for itself.” With regard to medical negligence, it means that the injury or damage speaks for itself, i.e., the injury or damage was not possible without negligence. It also means that the injury or damage happened under the doctor’s supervision and that the patient was not in a position to inflict this injury or damage upon himself/herself.
Usually, it is easier to prove such cases.
Here are a few examples:
The doctor fails to administer complete medication despite knowing the complete health report of the patient.
You can file a complaint at the State Medical Council. Depending on your case, you can also file it at the state consumer court or file a criminal lawsuit. You must hire a lawyer for this for the correct legal guidance and proceedings.
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