With the amendment in 'Consumer Protection Act 2019' the pecuniary jurisdiction of the Consumer Courts have been revised. Consequently nearly all medical matters would be at District commissions.
Additionally with a shift towards E-filing and hearing by video conferencing it would be possible for Dr. Sunil Khattri and Associates to help their PAN INDIA clients from Delhi itself.
Providing seamless legal services across India
MEDICAL NEGLIGENCE & MEDICO LEGAL MATTERS
At Dr. Sunil Khattri & Associates, we have a team of best medical negligence solicitors and lawyers in Delhi. We provide end to end solutions to victims or families of medical negligence. Our services are not restricted to patients, but we fight for the party who is just.
What is Medical Negligence?
Medical negligence is one of the major areas covered both under the medical laws as well as other major statutes of India. A simple definition given for the term ‘medical negligence’ is that it is simply a failure to exercise due care. There are three major ingredients to constitute elements of medical negligence :
The defendant has a duty of care to the plaintiff
The defendant has breached that duty in one way or another
The plaintiff has suffered damages due to the breach.
Our team of medical advocates, has a deep domain understanding of the field of both medicine and law. Our Managing Partner, Dr. Sunil Khattri has forty years experience in the medical field and twenty years in the field of law with specialization in Medical Negligence.
We are therefore able to bring out whether or not there has been medical negligence in the treatment provided to the patient. In such a situation a legal notice seeking compensation against the wrongful diagnosis and medical negligent act by the doctor/hospital is asked for. Thereafter our team of medico-legal experts draft the complaint which is filed in the appropriate forum and argued in the courts effectively, desirable outcomes are achieved for the patient/relatives in cases of alleged medical negligence.
We do justice for both parties
Our services are not restricted to patients, but we fight for the party who is just. There are several instances when a doctor is dragged by patients and their relatives demanding fancy medical malpractice compensations. Such incidents can happen even when the doctor or hospital has provided treatment in accordance with prescribed standards of care and there has been no medical negligence in the treatment.
In such situations our team of medico legal experts prepare appropriate replies to such complaints and argue in courts of law to defend the doctors/hospitals with excellent outcomes which are favorable to the doctor/hospitals. Similarly a health insurance lawyer of our team would be appearing for a doctor/hospital client to defend them.
Hospital negligence lawyer is a very specialized branch of legal practice which is the core strength of our law firm. In cases of medical negligence acts by our clients and our expertise in preparing defense in medical negligence matters when duty of care is breached and our team of medico-legal lawyers in Delhi are able to take care in all such matters.
Awareness regarding medical negligence
Recently, Indian people are much aware of their rights as patients. This is mainly due to certain facts that the cost of healthcare has gone up due to the high cost of diagnostic methods such as CT Scan, MRI etc. High end modalities of cancer treatment, heart ailments, etc. All of this has led to this situation that deviant outcomes in treatment are unacceptable to the patients or their relatives, which are sometimes coupled with lack of care and failure to communicate with the patient and or his family, therefore medical medical malpractice compensations are on the rise.
The situation can be traced out from certain medical cases that dealt with
seeking redressal by the patients, for damages due to the negligence of the doctor
cases involving a breach of confidentiality arising from the doctor-patient relationship
Lack of proper consent.
In the case of medical negligence, the doctor will be held liable for certain medical malpractices. Hospital negligence claims arising out of medical negligence may be both criminal and/or civil or only civil in nature. Wrongful diagnosis and questionable negligent diagnosis in India is not always included in medical negligence cases in Indian statistics. These may be anesthesia errors or patient negligence cases.
Civil negligence in medical matters
Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill. By this neglect, the plaintiff has suffered an injury to his person.
Criminal medical negligence
Criminal liability can be imposed upon a medical practitioner under particular situations wherein a patient dies due to gross negligence wherein a doctor in his senses could not have done such an act of treatment.
Death can also be due to malicious intent. To prosecute a medical professional for negligence under criminal law, it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent. As Medical Negligence Solicitors, we are experts in handling Criminal Negligence matters.
For example, instead of operating upon the right eye, the left eye was operated upon. Instead of operating the left leg, the right leg was operated.
" Dr Sunil Khattri and Associates is an Indian Law firm with years of experience in providing Medico Legal services to their clients. "
Dr. Sunil Khattri is the founding Managing Partner of the law firm. He has nearly forty years of experience in the fields of Medicine and Law. He is an alumnus of Armed Forces Medical College, Poona University from where he obtained MBBS and MS in General Surgery. He obtained his LLB from Delhi University...