Medical Negligence of Covid patient

249 votes

The COVID-19 pandemic has brought the healthcare sector under unprecedented focus. On the one hand, healthcare professionals are being hailed as “Corona Warriors”, but on the other, there have been reports of patients being denied medical assistance and the non-observance of safety protocols endangering the life of both health care professionals and the patients.
 
Medical negligence cases are on the rise partly due to the rapidly proliferating number of healthcare providers with inadequate infrastructure, and partly owing to the inadequate skills and outdated knowledge of healthcare professionals. The laxity of the regulating body - the Medical Council of India - in enforcing strictly established protocols regarding diagnostics and treatment has made matters even worse. The regulator is often found circling its wagons and protecting healthcare professionals of their wrongdoing. As a result, patients and their families are increasingly seeking recourse to judicial remedies.
 

What to do if their is medical negligence on doctor’s part while treating COVID patient?

During these difficult and challenging times, we are grateful for the hard work and dedication of medical professionals at the frontline of our health service.
 
However, as medical negligence experts, our focus is representing patients and their families. If a patient suffers avoidable harm due to unreasonable delays in their diagnosis or treatment or tragically dies as a result, they, or their family, have the right to question what happened.
 
Patients should always be protected from negligent harm. If it can be proved that the delays or cancellations you experienced were negligent, you may be able to take legal action and make a medical negligence compensation claim.
 
However, even the courts are unable to provide uniform justice owing to their lack of subject matter expertise and the absence of comprehensive guidelines. As a result, contradictory and conflicting judgments are given by various courts and, at times, by co-equal benches of the same court, including the Supreme Court.
 
A recent ruling by the Supreme Court has effectively diluted the threshold for fixing accountability in medical negligence cases by observing that even in case where a healthcare professional might have made a wrong diagnosis, the same will not tantamount to medical negligence.

LawRato LawRato

876 votes

you can surely take legal action against the same. it is a serious form of medical negligence when a death of the patient is caused due to wrong diagnosis. it is advisable if you can collect all materials to show that the death of your father was caused due to incorrect diagnosis.

Advocate Kawaljit Singh Bhatia LawRato

557 votes

Yes you can can claim compensation for the medical negligence on the part of doctors and pathology people. You must have all the treatment papers and the reports with you. It is better to take a second opinion also from a different doctor on the basis of documents.

Advocate Sanjeev Srivastava LawRato

842 votes

hi, thanks for your query. Yes you can take legal action against the hospital and file a case of medical negligence. We are a law firm based in Janakpuri, New Delhi. We specialise in all types of civil and criminal cases. We have a dedicated team of Advocates specialist in all the areas of legal cases. We can help you to file your case or defend your case anywhere in Delhi and NCR, in all courts. Please feel free to call us for a free case discussion or any types of legal assistance.
Regards,
ADV ANUPAM KUMAR MISHRA.

Advocate Anupam Kumar Mishra LawRato