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Medical negligence is a growing phenomenon with medical practitioners losing their ethics and turning it into business. If you have suffered due to medical negligence, contact Lawtendo to appoint best medical negligence lawyers who can help you recover for the damages suffered due to the negligent act, avail this legal service at our fixed charges.
INTRODUCTION: If we simply define the term negligence the meaning would be quite clear. Negligence is a failure to take or exercise reasonable care in doing something in which it is expected reasonably from you to take due precaution....
WHAT IS MEDICAL NEGLIGENCE: This occurs when a medical practitioner commits a negligent act by failure to exercise a reasonable care while treating a patient. This includes prescribing wrong medication, a way of administering the treatment of a disease, any misconduct while operating a patient etc. Also, a case for medical negligence would be successful only if it is proved that there has been a failure to exercise a reasonable care or duty on the part of the defendant which is not expected out of any ordinarily skilled practitioner. But this does not extend to include 100% guarantee of treating a patient, i.e. if reasonable care is taken while treating a patient with no error in judgment such cannot form a case of medical negligence.
· COPRA, 1986: a patient who has suffered damage due to a case of medical negligence can approach a district consumer dispute redressal forum in the capacity of a consumer who has availed some services. Under this act only monetary damages can be claimed against the defendant. Jurisdiction for which is decided on a monetary basis where the amount of compensation claimed is less than 20 lacs district forum for above 20 lacs to 1 crore to the state commission and above 1 crore to the national commission.
· CRIMINAL LAW: under section 304A of the keralan penal code provides for punishment for death caused by a negligent act for imprisonment extending up to a term of 2 years or fine or both. Among other sections of IPC like section 52, 80, 81, 83, 88, 90, 91 etc. also provides for provisions relating to medical malpractice in kerala.
· CIVIL LAW: claiming civil remedies like compensation and injunction against malpractice under the law of contracts or tort.
· OTHERS: include initiating disciplinary actions against faulty practitioner with state or national medical council. One can also lodge a complaint in national human rights commission.
WHAT WE DO: If you are accused of medical malpractice or a victim of such an actor for any other related matters contact Lawtendo for availing legal advice/service. With Lawtendo it’s easy to hire best medical negligence attorney in kerala. The team of lawyers at Lawtendo is experienced, skilled and specializes in the area which helps you claim the appropriate damages and remedies against the defendant for the harm you have suffered. We maintain a team of finest attorneys in kerala who are familiar with the process and will strive to provide you with the most suitable solution.