Nowadays cases of alleged medical negligence against doctors are on the rise. We should have basic awareness how to tackle these issues. Let's assume a patient files a case against a surgeon that failure of sterilization per se indicated negligence and he claims compensation to the tune of Rs 2 lac.
The reply in the above-mentioned case may be drafted on the following lines- Technical Defences -It is not mentioned whether the service was rendered free of charge.In that case, the complainant is not "Consumer" & the controversy involved is NOT a" Consumer Dispute" Factual Defences -Doctor's qualification, training,experience etc-It is to be supported with relevant documents eg,certificates /awards/attendance at various updates/conferences/workshop etc. Written evidence of INFORMED CONSENT of patient ie spouses regarding the remote possibility of failure of operation resulting in…
