If we put simply, negligence means a breach of legal duty to care. Negligence implies carelessness in a situation which mandates carefulness. A breach of the said duty entitles the patient to take an action against negligence. The person who is offering medical advice and treatment is expected to have the skill and knowledge to provide and administer the suitable treatment. Nobody's perfect and the most renowned and expert doctor may also commit an innocent mistake in detecting or diagnosing a disease. Medical negligence is said when there is a duty of care and there is a breach of the said duty and because of that, the complainant has suffered loss. In a case of medical negligence- There is a legal duty of the party complained to exercise due care of the party complaining about the former’s conduct within the scope of his duty.
In case you are aggrieved of medical negligence, you can file a civil suit or criminal suit. Under the Indian Penal Code, the following provisions deal with medical malpractice- Section 52- Good Faith Section 80- Accident in doing a lawful act Section 81- Act likely to cause harm but done without criminal intent and to prevent other harm Section 304 A- Causing death by negligence Section 337- Causing hurt by act endangering life or personal safety of others.
A complaint can be filed in the District Consumer Disputes Redressal Forum if the value of services and compensation claimed is less than or before the state commission if the value does not exceed more than twenty lakhs. If, however, the value of goods or service and the compensation exceed more than the National Commission is to be approached. After you have filed the case, the forum will summon the parties to make their case. When you file a consumer case under the Consumer Protection Act it will not make a case criminal case. This implies under a consumer case you can only claim compensation.
