Sometimes tragedies happen. Patient is lost during medical treatment. The relatives often feel hurt and they see “Medical Negligence”.

I read such stories in this way… a) Relatives and doctors fought a battle which was lost. That by itself does not amount to medical negligence.

b) There may be Errors of Judgement. Whether at one point, treatment A should be given or treatment B treatment should be given… These errors of judgements are not medical negligence….

C) Change of machines during treatment, accidental malfunctioning of some equipment, does not by itself prove anything unless it is proved that machines were tempered to hide something…or they were not maintained properly…

D) To do or not to do some extra medical tests, extra tests, now or later is also an error of judgement. By itself, it does not prove medical negligence….Of course, if standard tests are not done, it may amount to negligence…

D) To prove medical negligence you have to prove

1) The doctor was not qualified to do the job he was doing

2) He followed a treatment path which other similarly situated doctors do not follow…

3) He did not follow standard protocol of treatment which other doctors in profession follow

4) There was some act done in such reckless manner that no doctors in the field can even think of…

5) In other words, you have to compare treatment given with standards of treatment followed in medical profession…. Errors of judgement and errors of diagnosis are not considered medical negligence….

6)This is of course my personal opinion based on general reading of such posts…. My purpose is only to explain you some general concepts of medical negligence . You must however go only as per advice of your lawyer. 🍁

S-71 Tips for Young Advocates: Understand the relationship between Politics and Law.

Justice K.T. Thomas wanted to become a politician. But then he choose Law as means to go into politics. The events turned differently and he became a Judge and retired as a Supreme Court Justice. (As he told in a speech to Bar, as I remember.)

No one taught me about these relations between Politics and Law when I was young.

I used to hate politics and politicians. I used to feel pride in avoiding them. Consequently, I lost many many career advancing opportunities in Law.

If you are like me, re-examine your strategies.

If you think fit, make a point to spend some time with politicians every week, without judging them for what they do. It may strengthen your law practice.

Leaders in your community, office bearers of all organisations and associations, people regularly seen in meeting of political parties etc all come within definition of “Politicians”.

Meet them on regular basis. You need not adopt their ways if you consider their ways unsuitable to your conscience. You can be like a Lotus in a muddy lake. A muddy lake is essential for blossoming of a Lotus.

Haresh Raichura 22/12/16