Doctors and other medical providers can be sued for medical negligence even if they provided good patient care. A doctor may be sued if the care that was provided was not up to the accepted standard of care for the medical profession in the area where the doctor practices. A doctor may also be sued for medical negligence if the doctor was careless in providing care or if the doctor did not obtain the patient's informed consent before performing a procedure.
An irate patient can file a complaint with the State Medical Council. All states in India have a Medical Council, which is responsible for regulating the medical professionals. A patient can file a medical negligence complaint against a health care professional with the State Medical Council in case he/ she feels that the treatment provided was not up to the standards. He/ She can also file a complaint with the Consumer Forum. In India, the Consumer Protection Act empowers consumers to file a complaint with the District Consumer Disputes Redressal Commission (DCDRC) or the State Consumer Disputes Redressal Commission (SCDRC) if they have suffered due to medical negligence. Cases from District and State Consumer Redressal Commissions get referred to the National Consumer Disputes Redressal Commission if not settled at the district and state level respectively.
Simultaneously, a patient can file a civil suit in a court of law to seek compensation for medical negligence. The court can award monetary compensation for the damages suffered by the patient due to medical negligence.
Surgical branches are more prone to medical negligence suits because of the nature of the work. Surgery carries a much higher risk of potential injury or death than other forms of medical care, and mistakes can be more difficult to identify. Furthermore, surgical procedures often involve multiple steps, making it difficult to pinpoint the exact cause of a mistake. Additionally, the costs associated with a surgical procedure can be high, and thus a patient who suffers an injury or adverse outcome due to a medical mistake may be more likely to pursue legal action.
Standard checklists, like those developed by SafePrac, help prevent medical negligence by providing a systematic approach to care and helping to ensure that all necessary steps are taken in the treatment of patients. Checklists can remind healthcare workers of important steps in a medical procedure, help to ensure that all medications and supplies are present, and help to identify potential risks and errors before they occur. Additionally, checklists can help healthcare workers to focus on the task at hand, creating an environment that encourages vigilance and accuracy.
