In the present day and age, consumer complaints are the most common type of legal action preferred against medical professionals owing to the fact that the resolution of such disputes are more effective and speedier than the other legal remedies available for claims of medical negligence. However, when the medical practitioner is employed in a Government Establishment consumer cases are not maintainable as no monetary consideration has been paid to avail the services of the medical practitioner. The same does not leave the Patient remediless and they may either prefer a Complaint with the local police or approach the High Court under the Writ Jurisdiction. Further, a complaint with the local medical commission is also maintainable. Depending on the type of legal action preferred, remedy is provided.
As a Doctor employed in a health establishment…what kind of legal action should you be prepared against? What is the gravity of punishment you can be awarded? How do you prepare yourself for any such legal action which may be taken against you? How do you prevent any such legal action?
In case the Patient/their Attendant attempts to prefer a criminal complaint against you; you can get the same quashed at a very initial stage by prefering a quashing petition within the High Court of your local jurisdiction. The investigation can be challenged before the Charge-Sheet is supplied.
If a Writ is preferred against your Hospital, the same can be challenged vide a Counter-Affidavit.
In case, a Complaint is preferred in the Local Medical Council, you can file a Representation presenting your side of the matter.
In order to prevent any litigation against you, you must ensure the following:
1.You identify yourself and your stamp, signature and seal is accurately put.
2. You jot down a separate finding depicting that informed consent was taken from the Patient.
3.You ensure that the entire course of treatment is documented.
It is stated that most litigation against medical practitioners are usually frivolous in nature and it is quite possible that you find yourself entangled in such frivolous litigation.
If that is the case with you, you can always engage our services. We handle all stages of your litugation right from the pre-litigation and drafting stage to the actual litigation and execution of orders.
Contact us at +9307482224 in order to enquire about and avail our services.
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