What is Medical Negligence? How can a lawyer help you in case of Medical Negligence
Team SoOLEGAL 4 Sep 2023

What is Medical Negligence? How can a lawyer help you in case of Medical Negligence


Medical negligence, also known as medical malpractice, refers to a legal concept that arises when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to a patient. This breach of duty can lead to serious physical, emotional, and financial consequences for patients and their families. In such cases, the expertise of a skilled lawyer becomes crucial to help victims of medical negligence seek justice and obtain compensation for their losses. The word negligence was defined by Hon’ble Supreme Court in Kusum Sharma & Ors v. Batra Hospital & Medical Research CIVIL APPEAL NO.1385 OF 2001, as “Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do”.


Defining Medical Negligence

Medical negligence occurs when a healthcare provider, such as a doctor, nurse, surgeon, or hospital, deviates from the accepted medical standards of care, resulting in injury or harm to a patient. To establish a case of medical negligence, certain elements must be proven:

  1. Duty of Care: The healthcare provider had a legal obligation to provide a certain standard of care to the patient.
  2. Breach of Duty: The healthcare provider failed to meet the expected standard of care, either through an act (doing something they shouldn't have) or an omission (failing to do something they should have).
  3. Causation: The breach of duty directly caused or substantially contributed to the patient's injury or harm.
  4. Damages: The patient suffered actual damages, such as physical injuries, pain and suffering, medical expenses, loss of income, or other losses.


Negligence is also mentioned in Section-2(11)(i) of the Consumer Protection Act, 2019 and is equated with Deficiency in Service. The section reads as under, “(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes— (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer

How a Lawyer Can Assist in case of Medical Negligence

Cases involving medical negligence can be filed in Consumer Forums in India or directly in criminal courts if due to the rash act of the medical practitioner, a death has been caused. A lawyer in both the scenarios not only navigates you through the complex process but also puts his best foot forward to grant you the compensation you rightfully deserve. In cases of medical negligence, seeking legal representation is essential to secure the compensation and justice the victim deserves. Here's how a lawyer can help:

  1. Case Evaluation: A skilled medical negligence lawyer will assess the facts of the case, gather evidence, review medical records, and consult with medical experts to determine whether there is a valid claim.
  2. Legal Strategy: Lawyers will develop a legal strategy tailored to the specific circumstances of the case, considering factors such as the strength of evidence, applicable laws, and potential defenses.
  3. Expert Testimony: Medical negligence cases often require expert testimony to establish the standard of care and prove the breach. Lawyers will work with medical professionals who can provide expert opinions on the defendant's actions.
  4. Negotiation: Lawyers will engage with the defendant's legal representation and insurance companies to negotiate a fair settlement that compensates the victim for their losses, including medical bills, lost wages, and pain and suffering.
  5. Litigation: If a fair settlement cannot be reached, lawyers will proceed to file a lawsuit and represent the victim in courts of law. They will present evidence, question witnesses, and make legal arguments to advocate for their client's rights.
  6. Proving Damages: Lawyers will meticulously calculate and present the extent of the damages suffered by the victim, ensuring that all relevant costs are accounted for.
  7. Ensuring Timeliness: Medical negligence cases are subject to statutes of limitations, which restrict the time within which a lawsuit can be filed. A lawyer will ensure that the case is filed within the applicable time frame.

It is always advisable to engage a professional lawyer in order to determine the strength of your case. This practice will also enable you to get educated about your rights as a victim of medical negligence. 

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We have tried to cover every aspect of the above-mentioned subject. However, if you have any queries regarding the same, please connect with us at +91 98109 29455 or mail us at

Did you find this write up useful? YES 0 NO 0
Shruti Desai  4 Sep 2023 2:32pm
I had a cyst removed in 2015, and owing to doctor incompetence my nerve was damaged resulting in significant agony. I had it for 4-5 years with no correct read more

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