Medico-Legal

Advisor

Nihar Ranjan Nayak an advocate (medico-legal consultant/lawyer) in medico-legal cases bridges the gap between medicine and law, managing cases where medical issues cross into legal, criminal, or civil liability. They cover the entire spectrum of medical negligence,, compliance, and evidentiary procedures.

Advocates Nihar Ranjan Nayak represent both patients (claimants) and healthcare providers (defendants) in cases where injury occurs due to negligent care. This includes:

1. Medical Negligence and Malpractice Claims ⚖️

• Surgical Errors: Wrong-site surgery, retained items, or negligent procedures.

• Misdiagnosis/Delayed Diagnosis: Failure to diagnose conditions (e.g., cancer, stroke) in a timely manner.

• Medication Errors: Prescribing or administering the wrong medication or dosage.

• Anesthesia Errors: Failure to monitor patients or improper dosage.

• Birth Injuries: Negligence during childbirth causing harm to the mother or baby.

• Nursing Home Abuse/Neglect: Handling claims related to elder care.

2. Legal Documentation and Evidence ⚖️

     A critical role of Advocate Nihar Ranjan Nayak involves ensuring documentation is legally sound to prevent liability.

• Medical Records Analysis: Meticulously reviewing hospital records, case sheets, and discharge summaries for gaps or alterations.

• Informed Consent: Reviewing whether valid consent was obtained and if the patient was informed of risks.

• Chain of Custody: Ensuring proper sealing and documentation of evidence (e.g., bullets, blood samples).

• Dying Declaration: Ensuring proper legal procedure if the patient is dying.

3. Regulatory and Criminal Matters ⚖️

      Advocate Nihar Ranjan Nayak and his team handle cases involving violation of statutes and criminal law, including:

• Rape and Sexual Assault Cases: Assisting in the legal requirements of medical examinations, specifically ensuring the prohibition of the "two-finger test".

• PCPNDT Act Violations: Cases related to illegal sex determination.

• MTP Act Matters: Issues surrounding illegal abortion.

• Criminal Negligence: Defending doctors under Section 304A of the IPC (causing death by negligence).

• Patient Confidentiality: Advising on breaches of confidentiality.

4. Litigation and Dispute Resolution ⚖️

• Consumer Court Representation: Filing or defending cases in Consumer Disputes Redressal Commissions regarding medical deficiency of service.

• Expert Witness Testimony: Engaging medical experts to testify on the "standard of care".

• Negotiation and Settlements: Negotiating with insurance companies on behalf of clients to secure fair compensation.

• Regulatory Inquests: Representing doctors in inquiries by the National Medical Commission (NMC) or state medical councils.

5. Risk Management and Advisory ⚖️

• Medico-Legal Audits: Conducting audits of hospitals to ensure compliance and identify potential risks.

• Policy Formulation: Helping hospitals draft consent forms, admission policies, and incident reporting protocols.

• Medico-Legal Education: Training doctors and staff on legal requirements to prevent lawsuits.

6. Specialized Criminal Investigation Support ⚖️

• Unnatural Deaths: In cases of suicide, homicide, or accidents (vehicular/factory), they ensure proper police intimation and post-mortem procedures.

• Age Estimation: Cases referred by courts for determining age.