medical negligence
Adv:Nikhilesh
(Querist) 08 October 2010
This query is : Resolved
sir,
in a case one lady at the time of her delivery not get proper attention from the part of the doctor and it causes a blockade at the time of delivery and gave birth to a completely paralyzed child. she filed a case in judicial magistrate court under 338 of Indian penal code.I appearing for the gynecologist please help me by giving latest decisions and valuable points.
Parthasarathi Loganathan
(Expert) 08 October 2010
Before referring to latest case laws and verdicts you need to establish the medical accountability of your client and Role functions while handling emergency situations stipulated under the Indian Medical Council Rules have to be established. Further as a counsel you must present the facts and proof to the court and establish that there is no medical negligence involved on the part of your client.
aman kumar
(Expert) 14 October 2010
mr nikhilesh Dont think ,a commission of doctors may be set up for your case by court. if they give negative report it is a problem for your client. but your client can appears before him for clarification .
