A doctor is responsible for a patient and has certain obligations when a patient consults him for an illness. A deficiency in duty results in negligence. Not every unsuccessful treatment leads to medical negligence. Medical negligence arises when a doctor doesn’t do his duty and harms the patient either by not acting in a timely manner or by engaging in unfair practices.
Medical negligence is considered a criminal offense only if the patient dies because of this.
Medical negligence need not necessarily lead to the death of the patient. In most of the cases, patients survive but could suffer severe injury. In such cases you can plead at a Consumer Disputes Redressal Forum. As per the Consumer Protection Act, 1986, every patient who has suffered medical negligence has the right to take legal action against the doctors or hospitals. You will get compensation if negligence is proved.
If you are claiming a compensation of less than Rs 20 Lakhs you need to register your complaint with the District Consumer Disputes Redressal Forum.
If the compensation is between Rs 20 Lakhs and Rs 1 Crore the complaint will be handled by the State Commission. If the claim is more than Rs 1 Crore, the complainant has to file a complaint with the National Commission.
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1. A patient should be told everything about the disease he/she is suffering from, treatment involved and the side effects and risks.
2. Doctors should handle patients with efficiency and care.
3. Patients have all the right to know doctors qualification.
4. Doctors should keep the patients' illness confidential.
5. Patients have all the right to get a second opinion if needed.
6. Patients have the right to be discharged or moved to another preferred facility after consulting the doctor.