Wrong Treatment


Table of Contents
Situations wherever liability doesn't arise
Procedure for taking a legal proceeding
Where to file a legal complaint?



In India, currently, we notice that medical negligence is paving its means in our medical system. Therefore the doctors don't seem to be careful concerning their actions and the treatment they are doing. Excluding that, we tend to think that this piece of text publishes in the context of the patient's rights and that imbibes in it the essence of human rights and the right to life everywhere across the globe.

This trend of medical negligence visibly distinguishes such a large number of cases unfinished within the court concerning medical negligence. Therefore, individuals of our country became attentive to their rights towards the medical negligence conducted over them or their beloved ones.


Situations wherever liability doesn't arise

Liability of the doctor might not arise within the following circumstances: -
• The reality is also that the doctor incorporates a valid defence for the injury being caused to the patient.
• Or the case can also take place that there's no breach of duty of care
• The error of judgment may be either because of mere error of judgement or error of judgement because of negligence, which suggests that the time once the doctor took the choice, the choice wasn't wrong. Still, it was solely wrong with the course of your time, which it proved to be wrong afterwards.


Procedure for taking a legal proceeding

When you are confused about once and wherever to travel. Follow these steps:-

Step 1: - When we speak of medical negligence, the thrust of misconduct liability arises, and therefore the victim will receive compensation for the injury or loss he suffered. There are two functions of misconduct liability:-

The first reason is that it provides compensation in terms of cash to those separated due to the negligence of doctors or hospitals, thereby operating as a supply of indemnity.
Secondly, the explanation is that the court imposes sanctions on the guilty professionals. Therefore it functions as a deterrent to the long run negligent behaviour.

Step 2: - The victim might move to the Supreme Court or the tribunal below the Constitution only if there's an infringement of the "right to life" envisaged in Article twenty-one of the Indian Constitution; however, once it involves the medical malpractice by a personal health supplier, neither the Supreme Court nor the tribunal has jurisdiction over an equivalent. At the same time, the civil court might exercise its authority over the govt, also as non-public health care suppliers below the wrongful conduct law.

Step 3: - According to the procedure law, action for negligence, wherever the total compensation claimed is a smaller amount than fifty thousand rupees, can fall into the jurisdiction of the Civil decision (junior division). However, if the settlement exceeds fifty thousand, the civil court (senior division) should institute the legal proceeding.


Where to file a legal complaint?

1) Contact the hospital authorities
Firstly, contact the hospital authorities or the person in charge who was handling the case. If they do not provide valid reasons, or give lame excuses, then forward the topic to the senior authorities.

2) File an FIR against the authorities
Any doctor or authority responsible for causing threats to human life shall be punished with a life sentence or fined according to the Indian Penal Code 1860. The victim must file an FIR at the first place to the nearest police station against the culprit. If no action is taken, then the victim can move to file a criminal complaint.


3) Visit the Medical Council of India
A person or a party can file their complaint to the concerned State Medical Council without any hesitation. They have the power to suspend or cancel the registration of a doctor or the hospital. However, it shall be kept in mind that the Indian Medical Council Act, 1956 does not allow them to make compensation against the victimised party.

4) Reach Voxya
Reach Voxya here https://voxya.com/contact-us and contact them in case you need legal assistance to solve your issues.