Of recent, there has been a significant rise in litigations against medical professionals. A growing awareness about patients rights, medical exposure, timely judicial intervention and perceptible decline in professional standards maintained by a part of medical fraternity are sum of the reasons responsible for this spurt of litigation against doctors, which has resulted in stigma on the meritorious career of the medical practitioner. In our observation, that though practicing medicine is an ever green field, Doctors are most vulnerable to legal matters in their busy practice. We LAW & LIFE Advocates, with our strong and well trained legal background would be providing this service to healthcare professionals
Legal suites are filed against doctors on the pretext of negligence, corruption and their wrong professional decisions. Non medical investigating agencies do treat all above allegations as malpractice and prepare a ground for litigation against doctors. Like other citizens of India, doctors cannot make any excuse for proven negligence on their part and have to face consequences as per law.
A professional decision taken by the doctor while treating the patient, if later proved wrong cannot be treated as negligence because a doctor provides medical services to the patient to the best of his knowledge. If a doctor does not have the requisite knowledge, he should be debarred from doing practice and such decision can only be taken by a medical council.
Analysis of professional decision of a doctor can only be done by an expert from the same specialty rather than any other person. Members of Hon`ble judiciary are requested to differentiate between a case of negligence and errorful professional decisions and are requested to refer the case to the committee of experts before reaching any conclusions.
Doctors are treated as next to god because they are medium for providing relief to patient. Doctors are very close to the reality of life as they witness life and death routinely in their practice. Doctors do not deviate and get disturbed when faced with adverse situations. In this era of stress, doctors can afford to remain honest, therefore doctors must remain honest as with honesty only, wisdom prevails.
LAW & LIFE by playing a major role in imparting valuable suggestions to Doctors at large about medical negligence, has established its own significance.
Cases against doctors, nurses, and hospitals are the most difficult and complex lawsuits that lawyers in India handle. These actions needs to be strongly defended by the doctors’ community and are rarely settled before going to trial. Very few law firms in India are well recognized as an expert in this area of the law. LAW & LIFE Advocates is one of those firms.
It is important, to understand that these cases are not about retribution or apology. These actions, like all other injury lawsuits, are commenced for the sole purpose of recovering monetary compensation for victims of negligent or wrongful conduct. Also, these claims are not akin to a complaint process. Although a claimant often ends up with better information about the actual cause of their predicament or disability, in the end, the lawsuit is about monetary compensation. Investigation of and sanctions for substandard medical conduct is the function of the various regulatory agencies governing each medical professionals.
Medical malpractice claims usually take years to complete, depending upon complexity. It is important to understand that, unlike automobile accident claims, medical negligence litigants do not receive on-going compensation while the lawsuit slowly progresses.
The main aspects dealt in such Litigations involve:
Ø Defending Doctors against a claim of Medical Negligence.
Ø Defending Hospital for in the case of vicarious liabilities.
Ø Filing Petition for Damages in Court for Medical Negligence.
Ø Appeal from an un-favorable Order
Ø Criminal Complaint against Doctors
Ø Opinion on Medical Negligence