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Why be a victim when you can challenge medical-negligence?

On October 24, 2013, US-based Dr. Kunal Saha famously won a compensation totaling Rs. 11 crore, 15 years after he had filed a case against Kolkata's AMRI Hospital, where his wife died because of medical negligence.
If it took a doctor so long to successfully challenge his own fraternity, can those of us who aren't as aware or empowered dare hope for justice?
What is medical negligence? Is it a criminal offense?
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Not every unsuccessful treatment amounts to medical negligence. Medicos are responsible only if they flout their duty and harm the patient either by not acting timely/appropriately or by engaging in wrongful practice.
Moreover, medical recklessness is considered a criminal offense only when it results in a patient's death. Even then, the convict gets two years jail and/or a fine at the most.

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