A Growing Concern
Medical malpractice, defined as negligence by healthcare providers, is a serious issue in India. Research indicates an alarming annual incidence rate of up to 5.2 million cases across various healthcare settings. This represents a sharp increase over time, with medical litigation cases experiencing a staggering 400% surge.
Causes and Consequences of Medical Malpractice
Surgical procedures are responsible for approximately 80% of deaths caused by medical errors. These errors often stem from communication failures or coordination gaps within healthcare teams, rather than incompetence or ignorance. Additionally, nearly 70% of fatalities during emergencies are attributed to mismanagement.
The impact of medical malpractice varies across states. Punjab reported the highest incidence at 24%, followed by West Bengal at 17%, Maharashtra at 16%, and Tamil Nadu at 11%.
The Medico-Legal Claim Process
Consulting a lawyer experienced in medical malpractice is crucial to determine the validity of the claim and obtain professional guidance.
Collecting all relevant medical records, test results, and other documents related to the treatment or injury is essential.
Engaging medical experts to review the care provided and offer opinions on whether it met standard practices is necessary.
As per Regulation 38 of the National Medical Commission, the aggrieved party must file a complaint with the State Medical Council within two years of the incident.
Regulation 39 allows for complaints to be filed by relatives or legal representatives if the aggrieved is incapacitated or deceased.
Either party may appeal the decision, potentially extending the duration and complexity of the legal proceedings.
Challenges Faced by Claimants
Individuals filing medico-legal claims often encounter significant obstacles. Accessing medical records and navigating systemic delays that slow the resolution of cases are major challenges. Additionally, many people struggle with the complex medical and legal terminology involved, making it difficult to communicate effectively and understand their rights and the necessary legal steps.
The Emotional and Financial Cost
Pursuing a legal claim can be emotionally and physically draining, especially when combined with the initial medical issue. The lengthy and expensive legal process can be overwhelming, requiring significant resilience and dependable legal support.
Conclusion
Medical malpractice is a growing concern in India, with serious consequences for patients. While pursuing legal action can be challenging, it is an option for individuals seeking justice and compensation for the harm they have suffered.