Attempting suicide is no longer a crime in India ?

Attempting suicide is no longer a crime in India ?...

Attempting suicide is no longer a crime in India ?

MEDtalks with Dr KK Aggarwal

Attempting suicide is no longer a crime in India with the health ministry notifying on May 29 the Mental Healthcare Act 2017 that decriminalises it. The notification comes a year after the law was passed in Parliament. So, now IPC provisions cannot be invoked in case of an attempt to suicide.

Legal: When proving a medical malpractice claim, there a few things that need to be established:

That’s a Doctor/Patient Relationship exists:

A doctor-patient relationship exists when a doctor agrees to provide you with some type of diagnosis or treatment.

To Prove Negligent Care:

That the doctor did not meet the medical standard of care.  The Medical Standard of Care is the level and type of care that a competent, reasonable, and skilled healthcare professional, with a similar background and that, is also in the same medical community, would have provided under the same circumstances that led to the malpractice. In many malpractice lawsuits, expert witnesses such as other doctors or medical professionals in the same field are asked to testify as to what a competent and reasonably skilled doctor would have done in the same situation.

To prove that an Injury Occurred because of Negligence:

 To win a medical malpractice case one cannot just prove that the doctor was negligent and failed to provide with the standard level of care. He or she must also prove that because of the doctor's negligence, you suffered an injury or harm. It must be proven that his condition became worse, or that he suffered an additional medical issue as a result of the medical professional's actions. This is another situation where an expert witness may be called to testify to explain how the additional issues were a direct result of the doctor's negligent actions.

To present proof of damages:

The complainant must also provide the court with details regarding the damages that he suffered because of the malpractice. This may include the amount of wages that were lost or any additional medical costs that incurred due to the negligence of the medical professional. In a medical malpractice case, the victim is normally entitled to receive compensation for pain and suffering that the malpractice caused.

To prove all Elements:

In a medical malpractice lawsuit, one need to prove all elements stated above "by a preponderance of the evidence." This means each of the statements above needs to be more likely true than not.

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