Re-mark
The liability for medical malpractice is governed by different statutes and laws in India, however, the time has come where legislature should take steps to make an independent statute to govern medical malpractices. Another matter of concern under our current legal framework is the “Burden of Proof” i.e. if a patient alleges medical malpractice, he/she shall require a very high standard of medical evidence to prove the basis of his/her allegation. Further, there are frivolous and vexatious complaints filed by the patients against the Medical Practitioner which includes Doctors, Nurses, Clinics, Hospitals including the Para Medical staff for which an independent law for medical malpractices/negligence is a dire need to bring in to enable more accountability and transparency in the entire medical profession.
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