Instances of medical negligence are a prevalent concern in healthcare facilities across India, as evidenced by recent research. Findings from a 2022 study conducted by the National Library of Medicine indicate a concerning annual occurrence of up to 5.2 million cases related to medical malpractice in various healthcare settings nationwide.
Deepanker Mahajan, the CEO and Founder of CoverYou, highlights a significant increase in medical litigation cases over time, with a staggering surge of 400%. He attributes this rise to a 110% overall increase in incidences.
According to a report published in the Indian Journal of Medical Ethics, only 46% of healthcare providers adhere to ethical guidelines.
Surgical errors contribute substantially to the mortality rate attributed to medical mistakes, accounting for approximately 80% of such deaths. Mahajan suggests that these errors often result from communication breakdowns or coordination issues within healthcare teams, rather than incompetence. Additionally, he notes that mismanagement during emergencies leads to nearly 70% of fatalities.
Malpractice rates vary across states, with Punjab reporting the highest incidence at 24%, followed by West Bengal (17%), Maharashtra (16%), and Tamil Nadu (11%).
In the pursuit of a medico-legal claim, Utsav Trivedi, Managing Partner at TAS Law, outlines several crucial steps:
1. Seek legal advice from a specialized lawyer to assess the validity of the claim and receive expert guidance.
2. Collect all pertinent medical records and documents related to the treatment or injury.
3. Consult medical experts to evaluate the care provided and determine if it met standard practices.
4. File a complaint with the State Medical Council within two years of the incident, as stipulated by Regulation 38 of the National Medical Commission.
5. In cases of incapacity or death, relatives or legal representatives may file complaints under Regulation 39.
6. Be prepared for the appeals process, which can prolong and complicate legal proceedings.
Challenges in the medico-legal claim process include difficulties accessing medical records and systemic delays in case resolution, according to Ashwin Sapra, Partner at Cyril Amarchand Mangaldas.
Navigating medical and legal terminology can pose challenges for claimants, hindering effective communication with professionals and comprehension of legal procedures and rights.
Kunal Veer Chopra underscores the emotional and financial toll of pursuing a legal claim, emphasizing the need for resilience and reliable legal support to overcome these challenges.
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