In cases of medical negligence, any aggrieved person can avail multiple remedies -
A complaint can be filed before state medical council or the Ethics and Medical Registration Board (in case the state medical council has not been established in any state). The state medical council thereafter would hold an enquiry and give an opportunity of hearing to the medical professional. The medical professional can appear in person or through a pleader/counsel. The decision on the complaint as to be taken within a time limit of six (6) months. If the medical professional is found to be guilty of committing professional misconduct, the appropriate state medical council can award punishment.
The decision of state medical council can be challenged before the Ethics and Medical Registration Board of the National Medical Commission. The second appeal against the order of Ethics Board lies before the National Medical Commission.
The opinion and findings of the medical council in its enquiry report have great relevance in medical negligence compensation claims as the report is prepared on the basis of opinion of various medical experts. The same has been observed by a three-judge bench of the Supreme Court in Harnek Singh vs Gurmit Singh, 2022 LiveLaw (SC) 511 wherein the court granted compensation of INR 25 lakhs to the victim after considering the findings of the medical council.
It is important to take appropriate legal remedies in cases of medical negligence. It is equally important to identify a case of medical negligence before proceeding ahead with legal remedies.
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