The number of medical malpractice cases across the globe is on the rise and India is no exception. Thousands of people die because of the negligence or incompetence of healthcare practitioners and even a larger number sustains some form of injuries. Fortunately, law comes to the rescue of such patients and gives them the right to claim compensation. But before you for compensation, there are some key facts that you should know about such cases. Let us explain them in detail.

There must be a doctor-patient relationship 

To start with, filing for a claim under this law requires you to prove that you had a doctor-patient relationship with the practitioner you are suing.  Simply speaking, you should have hired the doctor and the doctor should have agreed to be hired. Conversely, you cannot sue them if you just overheard them giving advice at a party to someone else with a similar problem. Only if a professional is treating you, it is possible to prove that a physician-patient relationship existed. 

The doctor was negligent 

A practitioner cannot be sued for malpractice just because you are not happy with your treatment or its results. There must be negligence in relation to your diagnosis or treatment to make a valid claim. Further, you must be able to prove that the practitioner caused some kind of harm in a manner that a competent practitioner, under the same circumstances, wouldn’t have. Remember that care given need not be the best possible, but reasonably skillful and careful. This is where the core of such cases lies because adherence to the appropriate medical standard of care is important.

Negligence is caused the injury 

Apart from the fact that there has been negligence in your case, it should have caused an injury too for the claim to be applicable. The case can be tricky because a large number of cases are related to patients who were already injured or sick. So the question here is whether there was any harm due to the doctor’s negligence or the situation is the result of an existing problem. Proving the same can be a challenge, which is best handled by a professional who specializes in such cases. You can search Snupit in India to find the best lawyer in your area. They can help you get a claim for yourself or a loved one who has suffered at the hand of a doctor guilty of malpractice. 

The injury caused specific damages

Only proving that you or a loved one sustained injuries due to the incompetence or negligence of a practitioner, not enough. Primarily, you should be able to show specific damages that you are suing for. These include physical pain, mental anguish, loss of work and earning capacity and additional medical bills. If you are unable to prove that you have suffered from any such damages, you cannot sue even if the practitioner has not performed up to the reasonable and expected standards of service. 

A patient who has suffered due to the irresponsibility of a practitioner should absolutely sue and get the claim he or she rightfully deserves. But before filing, you must ensure that you have a valid claim in the first place.