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Medical negligence: Documentation, expert opinion key to court success

The complaint must be filed in the right forum and within the limitation period

hospital, doctor
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Paliwal notes that landmark judgments from the Supreme Court and the National Commission have significantly clarified the legal standards for proving negligence and awarding relief in such cases. (Image: Bloomberg)

Sanjeev Sinha New Delhi

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In a recent case, the Gujarat State Consumer Disputes Redressal Commission clarified that even if a hospital does not charge any money, the patient remains a consumer because the hospital provided a service under the provisions of the Consumer Protection Act.
 
“Courts have clarified that patients receiving free care in hospitals that also offer paid services are treated as consumers. However, hospitals providing only free treatment may fall outside the Act’s scope unless payments or cross-subsidies are involved,” says Smita Paliwal, partner, King Stubb & Kasiva, advocates and attorneys. 
What is medical negligence? 
Medical negligence arises when a medical professional