Medical Malpractice

The traditional relationship of a doctor and a patient in India has been for a long time paternalistic in approach. Things have changed a great deal ever since the enactment of Consumer Protection Act that has allowed for an easy access to any dissatisfied patient or representatives to proceed against doctor for medical negligence. The idea cannot be to chase every doctor for a failed treatment. The most important activity shall be to give correct orientation of when there has been a proven negligence and not identify every failed treatment as resultant to a negligent medical practice. Our medical negligence lawyers in India can secure the best outcome for you.

The forums of litigation could be either consumer forum or before high court in its original jurisdiction for claiming compensation where the state interest is involved. The doctors would also require to be strengthened in the defense, for it may not be at all times a doctor’s negligence that has cost either failure in treatment or injury or death. The degree of care that Indian law expects follows the British dictum in Bolams’ case requiring an assessment of whether standard of practice expected in the field was adhered to. Indian law is a departure from the American approach in making claims against doctor complaining of medical negligence which is placed on informed consent theory. Consent is essential in all cases, but given the large illiteracy and the greater level of trust that a patient places on doctor, the informed consent is not at all times the predominant factor.

Supreme laws medical malpractice lawyers understand the march of law in this area best and can provide assistance in any other part in India. We can help you among following areas:

  • Delayed Diagnosis
  • Medication overdoses
  • Emergency faults
  • Medical product liability
  • Medication Errors
  • Nursing faults
  • Unethical practices
  • Surgical errors
  • Uninformed consent

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