Medical Negligence & Healthcare Law FAQs

Medical negligence occurs when a healthcare professional fails to provide the expected standard of care, resulting in harm or injury to a patient. This includes errors in diagnosis, treatment, surgery, or aftercare.

To prove medical negligence, a patient must show that the doctor or hospital breached their duty of care, that this breach caused injury or damage, and that the harm was a direct result of the negligence.

Examples include wrong diagnosis, surgical errors, incorrect medication, delayed treatment, failure to inform of risks, and leaving surgical instruments inside the patient’s body.

Yes, you can file a complaint against a private hospital or doctor for negligence under the Consumer Protection Act or approach the Medical Council of India.

You can claim compensation for medical expenses, loss of income, additional treatment costs, pain and suffering, disability, and in case of death, compensation for the family.

Yes, you must file a complaint within two years from the date you discovered the negligence, although the court may condone some delay in certain situations.

Doctors, nurses, hospitals, clinics, and even diagnostic centers can be held liable if their actions or omissions lead to harm due to negligence.

Essential documents include medical records, prescriptions, bills, reports, discharge summary, expert opinions, and a detailed written complaint.

Yes, you can file complaints online on the National Consumer Helpline, State Medical Council, or Consumer Court websites, depending on your case.

Medical experts provide opinions on whether the standard of care was breached and help the court understand technical aspects of the case.