How to prove medical negligence

June 15, 2019 Social Buzz Valli Sarvani

There are several incidents in the country where the relatives of the patients have attacked the doctors showing the cause of negligence.

On the other hand, doctors argue that deaths might happen not due to their negligence, but due to the seriousness of the condition.

The attacks on doctors in NSM hospital, Kolkata after the death of a patient led to the protest of doctors in the state.

In the wake of doctors’ protest in West Bengal, it is better to know what is medical negligence and how to prove it.

The negligence is the breach of a legal duty to care. A patient has a right to take legal action against the negligence of the doctors.

The doctors may be held liable for their services, but there are some exceptions specified in the case of Indian Medical Association Vs V P Santha.

If the doctors do not charge fees, they are not liable for the deficiency of their services. Free treatment in a government or non-government hospital would not fall under the ‘service’ category as per Section 2 (1) (0) of the Consumer Protection Act, 1986.

The Supreme Court in case of Dr Laxman Balkrishna Joshi vs Dr Trimbak Bapu Godbole held that if a doctor is skilled in a particular field and adopted a practice that is considered “proper” by a reasonable body, then he/she won’t be held negligent even if things go wrong.

If situation happens unexpectedly, then, in that case, the doctor may not be held liable for his services as negligent.

The doctors cannot be held responsible for the death of a patient unless it is shown that he or she was negligent with proper proof.

Hence, legal experts say that a high standard of evidence is essential in order to prove medical negligence against a doctor and it is difficult to prove unless one can establish his/her claim as per the evidence defined in the medical science.