Cases against doctors, nurses and hospitals are the most difficult and complex lawsuits that lawyers in India handle. These actions are vigorously defended by publicly funded insurance companies and are rarely settled before going to trial. Very few law firms in India are well recognized as expert in this area of the law. Thukral Law Associates is one of those firms.
It is important, but often difficult, for clients to understand that these cases are not about retribution or apology. These actions, like all other injury lawsuits, are commenced for the sole purpose of recovering money compensation for victims of negligent or wrongful conduct. Also, these claims are not akin to a complaint process. Although a client often ends up with better information about the actual cause of their predicament or disability, in the end the lawsuit is about money compensation. Investigation of, and sanctions for substandard medical conduct are the function of the various regulatory agencies governing each medical provider.
Medical malpractice claims usually take between 2 to 5 years to complete, depending upon complexity. It is important to understand that, unlike automobile accident claims, medical negligence litigants do not receive on-going compensation (which is often much needed) while the lawsuit slowly progresses.
The main aspects of the field involve:
– Medical Negligence by a Doctor
– Filing Petition for Damages in Court
– Appeal from un-favourable Order to increase in Compensation – Defending Hospital or Doctor against a Claim
– Criminal Complaint for Medical Negligence
– Expert Opinion on Medical Negligence
– NRI visiting India and becoming a victim of Medical Negligence