Find The Best Medical Negligence Lawyer in Singapore

1. Criminal Law And Medical Negligence Assistance Indian legal code has placed the medical professional on a special footing as compared to a standard human. Section 304A of the Indian legal code of 1860 states that “whoever causes the death of an individual by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine or with both.” Thus, when an individual engaged within the commission of a Criminal law and medical negligence offence within the meaning of IPC and causes death by rashness or negligence, but without either meaning to cause death, or thinking it likely that he shall cause that, he should be responsible for the punishment of the offence which he was engaged in committing added to the standard punishment of involuntary culpable homicide. Criminal liability also can be imposed upon a doctor under particular situations wherein the patient dies during the time of administering anesthesia in an operation; the death must even be thanks to malicious intention or gross negligence. Many a time the doctor also will be responsible vicariously, meaning thereby if his employee/servant rashly causes the death of a patient. Therein case, the worker also the doctor is going to be liable thanks to the principle of ‘Vicarious Liability’ under Tort law. Despite the rights of a patient mentioned above, there are a couple of exceptions also .Sections 80 and 88 of the Indian legal code contain defenses for doctors accused of criminal liability. Under Section 80 (Accident in doing a lawful act) ‘nothing is an offense that's done accidentally or misfortune and with none criminal intention or knowledge within the doing of a lawful act during a lawful manner by lawful

2. means and with proper care and caution.’ consistent with Section 88, ‘a person can't be accused of an offense if she/ he performs an act in straightness for the other’s benefit, doesn't shall cause harm albeit there's a risk, and therefore the patient has explicitly or implicitly given consent.’ Consumer Protection Act and culpable negligence Since 1990’s there's an enormous speculation and debate on whether medical services are explicitly or categorically included within the definition of “Services” as enshrined under Section 2(1)(o) of the buyer Protection Act (CPA). Deficiency of service means any fault, imperfection, shortcoming, or inadequacy within the quality, nature, or manner of performance that's required to be maintained by or under any law for the nonce effective or has been undertaken to be performed by an individual in pursuance of a contract or otherwise about any service. The question that involves mind is that where can a complaint be filed; the solution is that, a complaint is often filed in the following: -The District Forum if the worth of services and compensation claimed is a smaller amount than 20 lakh rupees, - Before the State Commission, if the worth of the products or services and therefore the compensation claimed doesn't exceed quite 1 crore rupees, or - Within the National Commission, if the worth of the products or services and therefore the compensation exceeds quite 1 crore rupees. The good positive aspect about this is often that there's a minimal fee for filing a complaint before the District Consumer Redressal Forums. In 1995, the Supreme Court decision in Indian Medical Association v. VP Shantha brought the medical community within the ambit of ‘service’ defined within the Consumer Protection Act, 1986. This defined the connection between patients and medical professionals by giving contractual patients the facility to sue doctors if they sustained injuries within the course of treatment in ‘procedure free’ consumer protection courts for compensation. Lee Shergill is of the prominent law firm which has efficiently handled the pleas related to criminal law and medical negligence. We have a force of best lawyers who will assist you.