Eastzone medico legal service pvt ltd

1. EASTZONE MEDICO LEGAL
SERVICES PVT.LTD
WWW.eastzonemedico.com
www.eastzonemedico.in

2. Nature of Medical Negligence
• The criminal complaints are being filed
against doctors alleging commission of
offences punishable under Sec. 304A or
Sections 336/337/338 of the Indian Penal
Code, 1860 (IPC) alleging rashness or
negligence on the part of the doctors
resulting in loss of life or injury of varying
degree to the patient

3. Negligent prenatal care
• failure to diagnose a medical condition of the
mother, such as preeclampsia, Rh
incompatibility, hypoglycemia, anemia, or
gestational diabetes
• failure to identify birth defects
• failure to identify ectopic pregnancies, or
• failure to diagnose a disease that could be
contagious to the mother's fetus (such as
genital herpes or neonatal lupus).

4. Negligence during childbirth
• failure to anticipate birth complications due to
the baby's large size or because the umbilical
cord got tangled
• failure to respond to signs of fetal distress
• failure to order a cesarean section when one
was appropriate, or
• incompetent use of forceps or a vacuum
extractor.
•

5. Misdiagnosis or Delayed Diagnosis
• Misdiagnosis and delayed diagnosis account for a large percentage
of medical malpractice complaints. When a doctor misdiagnoses a
condition (or fails to diagnose a serious disease for some time), the
patient might miss treatment opportunities that could have
prevented serious harm or even death.
• The key in proving a medical malpractice claim based on
misdiagnosis or delayed diagnosis is to compare what the treating
doctor did (or didn't do) to how other competent doctors within the
same speciality would have handled the case. If a reasonably skillful
and competent doctor under the same circumstances would not
have made the diagnostic error, then the treating doctor may be
liable for malpractice. (To learn more about proving a misdiagnosis
claim

6. constitute 'service' under the Act.
• "The true position hat an error of judgment may
or may not be negligent it depends on the nature
of the error. If it is not one that would not have
been made by a reasonable competent
professional man professing to have the
standards and type of skill that the defendant
held himself out as having, and acting with
ordinary care, then it is negligence, if on the
other hand, it is an error if such a man, acting
with ordinary care, might have made, than it is
not negligence"

7. YES I CAN WILL FIND OUT SOLLUTION
• Service rendered by a medical practitioner or
hospital/nursing home could not be regarded a
service rendered free of charge if the person
availing of the service had taken an insurance
policy for medical care where under the charge
for consultation, diagnosis and medical treatment
were borne by the insurance company. It would
fall within 'services" as defined in section 2(1)(0).

8. The Court laid down the following
criteria:
• (i) Service rendered to a patient by. a medical
practitioner (except where the doctor rendered service
free of charge to every patient or under a contract of
personal service), by way of consultation, diagnosis and
treatment, both medical and surgical, would fall within
the ambit of 'service' as defined in section 2(1)(0)
• (ii) Merely because medical practitioners belong to
medical profession and are subject to the disciplinary
control of the
Medical Council of lndia and / or state Medical Councils
would not exclude the services rendered by them from
the ambit of the Act

9. EASTZONE MEDICO LEGAL SERVICES
PVT.LTD