Legal Solutions for
Healthcare Institutions

we’re your progressive law Partner

Helping You Through Legal Drafting And Advisory, Trademark, Patent, Property Legal Vetting And Registration

We are a team of young and vibrant lawyers collaborating our combined efforts and experience towards providing quality legal advice and time-bound intellectual property registration services and Medical litigation services apart from contemporary legal work in India and help in legal services.

SOFTRE- we are your progressive law patner

Legal Solutions for Healthcare Institutions

We're Your Progressive Law Partner​

Helping You Through Legal Drafting And Advisory, Trademark, Patent, Property Legal Vetting And Registration

SOFTRE- we are your progressive law patner

We are a team of young and vibrant lawyers collaborating our combined efforts and experience towards providing quality legal advice and time-bound intellectual property registration services and Medical litigation services apart from contemporary legal work in India and help in legal services.

We are very fortunate to work with these amazing companies

SOFTRE -Transform your Business Digitally More Robust
SOFTRE -Transform your Business Digitally More Robust
SOFTRE -Transform your Business Digitally More Robust

We are very fortunate to work with these amazing companies

SOFTRE -Transform your Business Digitally More Robust
SOFTRE -Transform your Business Digitally More Robust
SOFTRE -Transform your Business Digitally More Robust

SOFTRE is helping you thrive in the post-COVID world.

Your Business May Qualify for a COVID Subsidy from SOFTRE

Since the Pandemic COVID19, the world has changed, and more businesses are e-commerce ready, pushing their digital marketing business. In this post-Covid environment, your business may have gone through a difficult survival mode to a rebuilding your business phase with limited resources, and that is where SOFTRE will work with you to re-engineer your Digital Advertising Strategy. If your company isn't ready for the internet, talk to one of our advisors to determine if you qualify for the COVID Subsidy.

SOFTRE is helping you thrive in the post-COVID world.

Your Business May Qualify for a COVID Subsidy, Get in Touch

Since the Pandemic COVID19, the world has changed, and more businesses are e-commerce ready, pushing their digital transformation. In this post-Covid environment, your business may have gone through a difficult survival mode to a rebuilding your business phase with limited resources, and that is where SOFTRE will work with you to re-engineer your Digital Strategy. If your company isn't ready for the internet, talk to one of our advisors to determine if you qualify for the COVID Subsidy.

What we Do

Legal Drafting and Legal Advisory

Legal Drafting And Legal AdvisoryLegal drafting is the creation of legal documents while legal advisory involves providing legal guidance to clients. Both are crucial in the legal profession.

Trademark/Patent/ Copyright / Design Prosecution & Litigation

SOFTRE provide trademark, patent, copyright, and design prosecution and litigation services to protect your intellectual property rights by best lawyers for hospitals.

Property Legal Vetting And Registration

SOFTRE offer property legal vetting and registration services to ensure your property transaction is legally sound and secure by legal advisors.

Appearances Before The State/District Consumer Forum/Medical Board’s

SOFTRE represent clients before the state/district consumer forum and medical board to resolve disputes and obtain fair compensation.

Most important laws for Healthcare Institutions

The Clinical Establishment Act, 2010 (and equivalent state-level legislations) set out basic quality standards and registration requirements for hospitals and nursing homes.

The Code of Ethics published by Medical Council of India and the Dental Council of India regulates doctor-patient and doctor-industry interaction. 

The Consumer Protection Act, 1986 / the Consumer Protection Act, 2019 provides redressal to patients and their relatives from medical negligence through compensation. 

The Water (Prevention and Control of Pollution) Act, 1984 lays down strict environmental compliance requirements for establishing and operating mid-size to large hospitals on the premise that these are highly polluting enterprises.

The Bio-Medical Waste Management Rules, 2016 lay down strict requirements for generation, collection, storage and disposal of biomedical waste.

The Transplantation of Human Organs and Tissues Act, 1994 prescribes conditions for organ donation and criminalizes sale of organs and tissues.

Most municipal laws prescribe additional conditions for operating a healthcare establishment.

Most important laws for Healthcare Institutions

  • The Clinical Establishment Act, 2010 (and equivalent state-level legislations) set out basic quality standards and registration requirements for healthcare provider and nursing homes.
  • The Code of Ethics published by Medical Council of India and the Dental Council of India regulates doctor-patient and doctor-industry interaction. 
  • The Consumer Protection Act, 1986 / the Consumer Protection Act, 2019 provides redressal to patients and their relatives from medical negligence through compensation. 
  • The Water (Prevention and Control of Pollution) Act, 1984 lays down strict environmental compliance requirements for establishing and operating mid-size to large healthcare providers on the premise that these are highly polluting enterprises.
  • The Bio-Medical Waste Management Rules, 2016 lay down strict requirements for generation, collection, storage and disposal of biomedical waste.
  • The Transplantation of Human Organs and Tissues Act, 1994 prescribes conditions for organ donation and criminalizes sale of organs and tissues.

Most municipal laws prescribe additional conditions for operating a healthcare establishment.

SOFTRE- AREA OF FOCUS

Area Of Focus

Contract Defense

Contract Matters Drafting

Contract Negotiating

Fraud & Abuse

Management Strategy

Physician Relationships

Regulatory/Accreditation

Area Of Focus

Contract Defense

Contract Matters Drafting

Contract Negotiating

Fraud & Abuse

Management Strategy

Physician Relationships

Regulatory/Accreditation

Who are We

Who are We

SOFTRE- manikandan attorney

Manikandan B

 B.Com., LLB (Hons) PGDM in Tourism & Aviation, Practicing Advocate, Appears for IP Hearing in Registry & IPAB, NCLT, NGT, Madras High court, Human rights forum and District courts. Experience: 6 years

SOFTRE - Rehoboth Niranjani attorney

Rehoboth Niranjani. A

B.A., LL.M (Business Law) – Practicing Advocate before the Hon’ble High court of Madras and also before subordinate courts, regularly appears before IP Registry, NCLT, NGT. Experience: 5 years

Vindhya M,

 Practicing Advocate, Madras High Court, regularly appears before IP Registry. Experience: 2 years

 

SOFTRE- manikandan attorney

Manikandan B

 B.Com., LLB (Hons) PGDM in Tourism & Aviation, Practicing Advocate, Appears for IP Hearing in Registry & IPAB, NCLT, NGT, Madras High court, Human rights forum and District courts. Experience: 6 years

SOFTRE - Rehoboth Niranjani attorney

Rehoboth Niranjani. A

B.A., LL.M (Business Law) – Practicing Advocate before the Hon’ble High court of Madras and also before subordinate courts, regularly appears before IP Registry, NCLT, NGT. Experience: 5 years

Vindhya M

 Practicing Advocate, Madras High Court, regularly appears before IP Registry. Experience: 2 years

 

"Healthcare Institutions and the Law: Ensuring Compliance and Preventing Litigation"

"Healthcare Institutions and the Law: Ensuring Compliance and Preventing Litigation"

Types Contracts

  • Physician Employment Contract
    A physician employment contract is an agreement between a physician and a healthcare, with the physician agreeing to work as an employee of the healthcare.
  • Physician Recruitment Contract
    A physician recruitment contract is related to, but distinct from a physician employment agreement. In recruitment agreements, a hospital or other healthcare provider lays out the terms of recruiting a physician to come work for them.
  • Management Services Arrangement
    Management services agreements are used to outsource the management of basically any non-medical personnel to a third-party management company.
  • Transfer Agreements
    The next common type of healthcare contracts is a transfer agreement. In the medical field, a transfer agreement is a written agreement between two separate healthcare providers for transferring a patient from one to the other.
  • Technology Licensing
    The process of acquiring these technologies usually means entering into a licensing agreement of some kind. To understand how best to manage licensing agreements, it is important to understand the legal implications that accompany licensing agreements.
  • Joint Ventures
    Joint venture agreements take place between two or more companies, corporations, or individuals. Usually, they are short-term partnerships that share profits, risks, and assets as the two entities seek mutual profit.
  • Purchased Services Agreements

    Purchased services agreements are given to any outsourced 3rd party that, instead of working directly for the hospital, works as a non-employee contractor to the hospital or healthcare provider.

  • Equipment Sales and Leases

    For the specialized equipment that hospitals or healthcare require, there are many benefits of arranging to lease instead of buying brand-new equipment which can be very expensive.

 

Types Contracts

  • Physician Employment Contract
    A physician employment contract is an agreement between a physician and a healthcare with the physician agreeing to work as an employee of the healthcare.
  • Physician Recruitment Contract
    A physician recruitment contract is related to, but distinct from a physician employment agreement. In recruitment agreements, a hospital or other healthcare provider lays out the terms of recruiting a physician to come work for them.
  • Management Services Arrangement
    Management services agreements are used to outsource the management of basically any non-medical personnel to a third-party management company.
  • Transfer Agreements
    The next common type of healthcare contract is a transfer agreement. In the medical field, a transfer agreement is a written agreement between two separate healthcare providers for transferring a patient from one to the other.
  • Technology Licensing
    The process of acquiring these technologies usually means entering into a licensing agreement of some kind. To understand how best to manage licensing agreements, it is important to understand the legal implications that accompany licensing agreements.
  • Joint Ventures
    Joint venture agreements take place between two or more companies, corporations, or individuals. Usually, they are short-term partnerships that share profits, risks, and assets as the two entities seek mutual profit.
  • Purchased Services Agreements

    Purchased services agreements are given to any outsourced 3rd party that, instead of working directly for the healthcare, works as a non-employee contractor to the hospital or healthcare provider.

  • Equipment Sales and Leases

    For the specialized equipment that hospitals require, there are many benefits of arranging to lease instead of buying brand-new equipment which can be very expensive.

 

Awareness regarding medical negligence

Awareness regarding medical negligence

The situation can be traced from certain medical cases that dealt with

  • seeking redressal by the patients, for damages due to the negligence of the doctor 
  • cases involving a breach of confidentiality arising from the doctor-patient relationship 
  • Lack of proper consent.

In the case of medical negligence, the doctor will be held liable for certain medical malpractices. Healthcare negligence claims arising out of medical negligence may be criminal and/or civil or only civil in nature. Wrongful diagnosis and questionable negligent diagnosis in India are not always included in medical negligence cases in Indian statistics. These may be anesthesia errors or patient negligence cases Healthcare

The situation can be traced out from certain medical cases that dealt with

  • seeking redressal by the patients, for damages due to the negligence of the doctor 
  • cases involving a breach of confidentiality arising from the doctor-patient relationship 
  • Lack of proper consent.

In the case of medical negligence, the doctor will be held liable for certain medical malpractices. Healthcare negligence claims arising out of medical negligence may be criminal and/or civil or only civil in nature. Wrongful diagnosis and questionable negligent diagnosis in India is not always included in medical negligence cases in Indian statistics. These may be anesthesia errors or patient negligence cases.

Civil negligence in medical matters

Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill. By this neglect, the plaintiff has suffered an injury to his person. 

SOFTRE- hospital landing page
SOFTRE- hospital landing page

Criminal medical negligence

Criminal liability can be imposed upon a medical practitioner under particular situations wherein a patient dies due to gross negligence wherein a doctor in his senses could not have done such an act of treatment. Death can also be due to malicious intent. To prosecute a medical professional for negligence under criminal law, it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent. As Medical Negligence Advocate, we are experts in handling Criminal Negligence matters.

For example, instead of operating upon the right eye, the left eye was operated upon. Instead of operating the left leg, the right leg was operated.

Civil negligence in medical matters

Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill. By this neglect, the plaintiff has suffered an injury to his person. 

Criminal medical negligence

Criminal liability can be imposed upon a medical practitioner under particular situations wherein a patient dies due to gross negligence wherein a doctor in his senses could not have done such an act of treatment. Death can also be due to malicious intent. To prosecute a medical professional for negligence under criminal law, it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent. As Medical Negligence Advocate, we are experts in handling Criminal Negligence matters.

For example, instead of operating upon the right eye, the left eye was operated upon. Instead of operating the left leg, the right leg was operated.

Answers To Frequently Asked Questions About Healthcare Law (FAQ)

Legal drafting refers to the process of preparing legal documents such as contracts, agreements, policies, and procedures in compliance with applicable laws and regulations. In the context of healthcare law, legal drafting involves drafting documents such as patient consent forms, healthcare directives, and employment agreements for healthcare professionals.

Legal advisory refers to the provision of legal advice and guidance to healthcare organizations, hospitals, and healthcare professionals on legal issues related to healthcare. This may include advice on compliance with healthcare laws and regulations, liability and risk management, medical malpractice, and employment law.

Legal drafting and legal advisory are important in hospital law because healthcare organizations, hospitals, and healthcare professionals are subject to a complex and constantly evolving set of laws and regulations. Failure to comply with these laws and regulations can result in serious consequences, including fines, legal liabilities, and damage to reputation. Legal drafting and legal advisory help ensure that hospitals and healthcare professionals understand and comply with these laws and regulations, thereby reducing the risk of legal problems.

Legal drafting and legal advisory in healthcare are typically handled by in-house legal counsel or external legal advisors who specialize in healthcare law. In some cases, hospitals may also hire legal consultants or law firms to provide legal drafting and advisory services on an as-needed basis.

Hospitals may face a wide range of legal issues, including medical malpractice claims, employment disputes, patient privacy violations, regulatory compliance issues, and contract disputes. Legal drafting and legal advisory can help hospitals identify and address these issues in a proactive and effective manner.

If healthcare suspects trademark infringement, they should consult with a trademark attorney to determine the best course of action. This may include sending a cease and desist letter to the infringer, pursuing legal action to stop the infringement, or negotiating a settlement.

Healthcare may face a range of trademark issues, including infringement by competitors, confusion with similar marks owned by other organizations, and challenges to the validity of their own trademarks. Legal counsel with experience in trademark law can help hospitals identify and address these issues in a timely and effective manner.

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