How to Prove Medical Negligence: Dissatisfaction with Medical Care Is Not Medical Negligence.

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How to Prove Medical Negligence: Dissatisfaction with Medical Care Is Not Medical Negligence.

In the field of healthcare, adverse outcomes are an unfortunate reality despite the best efforts of medical professionals. While patients may feel dissatisfied with the care they receive, such dissatisfaction alone does not establish medical negligence. Understanding what constitutes negligence and the evidence required to substantiate such claims is crucial for patients and healthcare providers alike.

What Is Medical Negligence?

Medical negligence occurs when a healthcare provider breaches their duty of care to a patient, leading to harm. The Patient may not only suffer financial harm but also mental agony either himself or the near and dear family members. For a case to qualify as negligence, the following elements must be proven:

• 1. Duty of Care: The medical professional owed a duty to the patient.
• 2. Breach of Duty: The provider’s actions fell below the standard of care expected in the circumstances.
• 3. Causation: The breach directly caused harm to the patient.
• 4. Damages: The harm resulted in measurable losses, such as physical injury, emotional distress, or financial expenses.

Merely being unhappy with the outcome of a treatment or the behaviour of a healthcare professional does not meet these criteria. Courts recognize that not all unfavourable results are due to negligence, as medicine is not an exact science. Some examples of medical negligence include but not limited to Misdiagnosis or failure to diagnose, Prescribing the wrong medication or dose, Unnecessary or incorrect surgery, leaving things inside the patient after surgery, Operating on the wrong part of the body, Failure to order appropriate tests or act on results, Equipment errors, Tube and catheter connection errors etc…

Evidence Patients Should Gather to Prove Medical Negligence

If a patient believes they have experienced negligence, they need to provide robust evidence to support their claim. Here is the key evidence required:

1. Medical Records

Medical records are the foundation of any negligence claim. These include:

• Diagnosis reports.
• Treatment plans.
• Prescriptions.
• Surgical or procedural notes.
• Discharge summaries.

Detailed records help establish whether the care provided adhered to standard medical practices and protocols.

2.Expert Opinion

An independent medical expert’s testimony is often pivotal in determining whether the standard of care was breached. The expert compares the actions of the accused healthcare provider with accepted practices in similar circumstances.

3.Informed Consent Documents

Patients must prove that they were not adequately informed about the risks, benefits, and alternatives to the treatment they received. If a procedure’s risks were not disclosed, and the patient suffered harm, it may constitute negligence.

4.Communication Records

Preserve records of all communication with the healthcare provider, such as:

• Emails.
• Text messages.
• Call logs.

These records can demonstrate whether the provider appropriately responded to the patient’s concerns.

5.Photographic or Video Evidence

In cases involving visible injuries or conditions, photographs or videos can serve as compelling evidence of harm caused by alleged negligence.

6.Witness Testimony

Statements from family members, caregivers, or other witnesses who observed the treatment process or its aftermath can support the patient’s claims.

7.Financial Documents

Proof of monetary losses, such as medical bills, receipts, or evidence of lost income, can establish the damages caused by negligence.

Legal Precedents Supporting These Principles

Several landmark judgments in India emphasize that dissatisfaction with medical care is insufficient to prove negligence:

1. Kusum Sharma v. Batra Hospital (2010)

The Supreme Court held that negligence must be proved beyond doubt. A doctor’s conduct is compared to that of a reasonably skilled professional under similar circumstances.

2. Jacob Mathew v. State of Punjab (2005)

This case clarified that for negligence to constitute a criminal offense, it must be of a high degree, going beyond mere errors in judgment.

3. Indian Medical Association v. V.P. Shantha (1995)

The judgment brought medical services under the Consumer Protection Act but emphasized the need for evidence to substantiate claims of negligence.

Summary

Dissatisfaction with medical care, while unfortunate, does not automatically amount to negligence. Patients must provide clear and convincing evidence to support their claims. Gathering medical records, obtaining expert opinions, and documenting all relevant communication are crucial steps in building a strong case. Similarly, healthcare providers should maintain detailed records and adhere to established protocols to protect themselves against unfounded allegations. By fostering transparency and mutual understanding, both patients and doctors can ensure fairness and accountability in medical care.

If you are a victim of medical malpractice or negligence and looking for personalized legal advice tailored to your unique situation, feel free to write to us at mail@lawyersonia.com or call at +91 9845944896. Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.