Medico-legal Cases

Medicine is an imprecise science, influenced by the vagaries and unpredictable nature of biologic systems and the art of interpersonal relationships. Human illnesses are, from the outset, adverse outcomes of life, and it is often difficult for physicians to correct or mitigate these illnesses. Furthermore, the tools and technology available to aid in this task often have associated inadequacies or risks. Therefore, restoring biologic function to its former healthy state is oftentimes incomplete, unsuccessful or complicated. Negative or adverse outcomes may include cognitive or technical failures, ineffective therapies, complications of therapy, high costs and extended hospitalizations, and missed work and life activities. Any or all of these may lead to patient dissatisfaction and a desire to assign blame and seek compensation. Yet, it cannot be ignored that persons who offer medical advice and treatment implicitly state that they have the skill and knowledge to do so, that they have the skill to decide whether to take a case, to decide the treatment, and to administer that treatment. This is known as an “implied undertaking” on the part of a medical professional. The medical profession requires advanced education and training which calls for continuous updating and doctors have the highest responsibility over the life of a patient. So also, a doctor has ethical and legal obligations, and he needs to abide by the laws of the land while discharging his duties. Medical professionals may be unable to treat a patient despite prudence and care in their day to day medical practice. Yet this inherent fallibility in the medical profession may make them accountable to legal action. On the other hand, errors on part of medical practitioners such as incorrect diagnosis, wrong treatment and lack of consent are blunders which may result in harm to the patient or even death. CRP is known for its extensive knowledge in the science of medicine and its approach for medical legal research and case screening, identifying the strength and weakness of a case, whether representing a patient or a medical practitioner, and then advising its client basis its analysis as to whether the damage caused to the patient is as result of actual or perceived negligent treatment of the medical practitioner. Basis its case study, research and evaluation, CRP counsels its client who is a patient/ patient’s relative, whether filing a case against the doctor will benefit them or not. If yes, then CRP zealously fights for the rights of the patients/ victims, and strives towards obtaining for them fair compensation and punitive reliefs. Similarly, basis its case study, research and evaluation, CRP advices its client who is a doctor/ medical practitioner whether it is judicious to defend a case filed by the victim or not. If yes, then CRP passionately represents the medical practitioners who are wrongfully sued for perceived negligence or else advises them to provide fair economic compensation to the victim. 

The medical negligence is punishable under various laws like the Indian Penal Code, Consumer Protection Act and Indian Contract Act. In nature of civil liability, the victim can claim damages in form of monetary compensation and in nature of criminal liability, the victim can claim punitive reliefs against the medical practitioner. 

CRP has earned its reputation as the topmost lawyers in Mumbai for medicolegal cases and assists in handling complex medicolegal cases which include suspected homicide/murder, deaths during surgical procedures, hospital negligence, hospital malpractices, poisoning, sexual assault, domestic violence, criminal abortion, rape, child sexual abuse, vehicular accidents/ injury cases which suggest some criminal offence etc. 

Chambers of Rosita Pereira, Advocates

1, Ground Floor, Plot N. 135, New Hindustan CHS, 25th Rd, Lane, opposite Talwalkar Gym, Bandra West, Mumbai, Maharashtra 400050

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