Basic Ailments of Medical Negligence Claim:

Basic Ailments of Medical Negligence Claim:

1. Duty of Care: The healthcare provider owed a duty of care to the patient.
2. Breach of Duty: The healthcare provider breached that duty through negligent acts or omissions.
3. Causation: The breach directly caused harm or injury to the patient.
4. Damages: The patient suffered physical, emotional, or financial harm.

Common Grounds for Medical Negligence Claims:

1. Diagnostic Errors:
   • Failure to diagnose or delayed diagnosis.
   • Misdiagnosis or incorrect diagnosis.
2. Surgical Errors:
   • Wrong-site surgery.
   • Wrong-procedure surgery.
   • Inadequate surgical skills.
3. Medication Errors:
   • Prescription errors.
   • Administration errors.
   • Overdose or underdose.
4. Treatment Errors:
   • Inadequate or inappropriate treatment.
   • Failure to monitor patient’s condition.
5. Informed Consent:
   • Failure to obtain informed consent.
   • Insufficient information provided.
6. Failure to Warn:
   • Failure to warn of potential risks or complications.
7. Hospital-Acquired Infections:
   • Negligent infection control practices.
8. Birth Injuries:
   • Negligent prenatal care.
   • Negligent delivery or post-delivery care.
9. Failure to Monitor:
   • Failure to monitor patient’s vital signs.
   • Failure to respond to emergencies.
10. Administrative Negligence:
    • Inadequate staffing.
    • Inadequate training.

India-Specific Grounds:

1. Violation of Medical Council of India (MCI) guidelines.
2. Non-compliance with National Accreditation Board for Hospitals and Healthcare Providers (NABH) standards.
3. Breach of Indian Medical Association (IMA) code of ethics.

Documentation Required:

1. Medical records.
2. Test reports.
3. Prescription records.
4. Witness statements.
5. Expert opinions.

Legal Remedies:

1. Compensation for damages.
2. Punitive damages.
3. Apology or acknowledgment of negligence.
4. Changes to medical practices or policies.

Limitation Period:

In India, the limitation period for filing a medical negligence claim is typically 2 years from the date of the incident.

Consultation:

To determine the validity of a medical negligence claim, consult with a lawyer specializing in medical negligence law.