LawRato

Lost my New Born baby due to medical negligence of the doctors


05-Aug-2023 (In Medical Negligence Law)
 I work for BBC and presently on leave in visakhapatnam. My husband is in INdian Navy and serving here in vizag. We have lost our New born baby due to the medical negligence of the doctors of INHS Kalyani.what action should I take against the hospiital
Answers (1)

Answer #1
388 votes
When there is clear evidence that an infant died due to medical negligence and carelessness, a settlement may be agreed upon between the plaintiff (the parents, legal guardian, etc.) and the defendant (a physician, hospital, etc.) that states that the defendant agrees to pay compensation to the plaintiff (s) for their losses.

Settlements usually do not happen right away. In fact, it may take many months or even a few years before an agreement is made. This is generally because both sides present evidence and key information to each other so that they can access the strength of the case. Known as the discovery phase, this part of an infant wrongful death compensation claim is usually the longest time period of the entire claims process.

Most hospitals and healthcare providers are reluctant to admit fault in wrongful death cases. Yet, as mentioned earlier, when clear proof is provided that points strongly towards medical malpractice, the majority of defendants in wrongful death cases settle the case with the plaintiff instead of risking their chances at a trial. Sometimes, the defense will not agree to the settlement until right before a trial starts. In some instances, they may choose to settle after a trial has already started.

You can file a complaint in the Consumer Forum for a case of medical negligence.

The burden is on you to prove that the doctor has not taken reasonable care, and was negligent. You might get compensation if you are able to win the case. 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."