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How to sue for medical negligence in India




I've always had a problem with the way doctors are treated in India. Especially, in the smaller towns where the penetration of education is low...people think doctors are gods. Even mediocre medical professionals who consult in villages are considered clever than the patients and in a way revered and respected. However, over the years this has created such a divide between the doctor and the patient that even until now Indian patients have a problem opening up to their doctors. Even today I see patients asking the pharmasict/chemist at the medical store about how to take the medicines - pre lunch or post lunch etc...instead of asking the doctors.

Here are something I want to define for Indian patients, somethings I wish I could always tell them about the medical profession :

1. Medicine in India is defined as a 'Service'. Just the way you hire your maid or a taxi...the medical professional you hire is a just service and as such if you are cheated in any way or unsatisfied you can file a complain about the service and litigate in CONSUMER COURT OF INDIA

2. You are paying your doctor for his consultation or a hospital for your treatment. He is NOT A GOD HE IS A HUMAN and as such if he/she is taking your money you should ask all your questions and comments to him and its only fair to expect a certain level of quality and behavior from the doctor/hospital.

3. Also as the patient YOU CHOOSE YOUR TREATMENT. You CANNOT let the doctor bully you in picking ANY treatment whatsoever. Ofcourse he is supposed to give you the best course for your health problem but it is eventually your choice whether to follow it through or not. You can also as a patient refuse treatment entirely if you do not agree with your doctor.

Always remember a doctor will chose a best treatment for his patient depending upon his understanding of the patients problem and previous experience etc. You have keep in mind your convenience and previous experience as much as he/she will keep in mind his own.

4. Incase of any legal proceedings, in India medical cases as fought under the umbrella law called COPRA - Consumer Protection Act of 1986 passed by the parliament of India.(More info on how sue for medical negligence in India here)

If you are paying for it, please be aware of your rights regarding the same. For a long time mediocre doctors having barely passed medicine have taken advantage of patients in India because the public of India is not aware of its basic rights or has a basic education and awareness of medical practices in India.

#suingformalpractice #mediccalpracticeinindia #awareness

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