Hospitals & Pharmacies
Legal Support
Licensing, Registration
& Compliances
In order to run a business in healthcare sector – whether a Hospital, Pharmacies or Clinic – the business needs to registered and has to acquire licenses accordingly. The healthcare sector is heavily regulated through the application of several overlapping laws and regulations. Depending on the purpose and field of your institution, several licenses will be required for business operations, such as FSSAI, Indian Medical Council, Fire and Health and many more. These overlapping regulatory frameworks lead to extensive list of compliances as well. Strong statutory penalties are often imposed in case of non-compliances and operating in the life sciences sector without proper licenses and registration. To remain safe, it is important to ensure that the registration and other regulations are taken care of by competent counsel for smooth and efficient functioning of a healthcare institution.
Compliances for Artificial Reproductive Techniques
India’s legislation regarding fertility and surrogacy went through major changes recently through the new Artificial Reproductive Techniques (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021. These new regulations have created a plethora of new compliances that the Fertility and Surrogacy Clinics need to keep in mind – and all such clinics are to be registered with the new authority established by these laws. The field of Artificial Reproductive Techniques are going through constant evolution in pursuance of the new technology in the sector. This has made it quite cumbersome to keep all these varied compliances in check. Professional help is advised to ensure that non-compliance does not become a hurdle in your clinic’s operations.
Contract Management
​Every healthcare institution requires hundreds of contracts – reflecting agreements with medical professionals, non-medical staff, patients, place of business and every client. It is important to ensure that all your contracts are up to date and regularly analyzed is done to ensure there is no breach. Each of these contracts lay down the relationship between the parties and what is their duty and liability towards each other. In order to ensure your liability and duties are limited, it is essential to make sure that each contract is drafted specifically for the particular relationship between the parties. The number of contracts that are required to be maintained can be overwhelming, but, with our team of expert medical lawyers, we can help you draft and manage these contracts for your establishment.
Telemedicine Regulations & Counseling
After the digital revolution, the market for telemedicine has drastically increased. This can be due to the immediate shift of the Indian population to remote shopping and remote access to products. With such a vast network of medical professionals and medical drugs being made available to the consumer online, many regulations for the same have followed. Due to the liability involved with providing medical services, the regulations imposed on tele-medicine market can be severe and extensive. Heavy penalties and punishment may be imposed in case of non-compliance – so it is essential to ensure you are up to date on all your compliances and regulations.
Medical Negligence
& Malpractice
Medical procedures can be unpredictable – and complications in the process can quickly give rise to claims for negligence or medical malpractice by patients or their family members. Any complications or undesirable outcome can lead to a malpractice suit against the medical professional. Such suits can quickly become criminal in nature or involve a direct challenge to the doctor and/or institution's medical license and career. This is why it is essential to deal with such cases swiftly and delicately. Professional assistance is advised in order to ensure all your liabilities and duties are covered and costly litigation is avoided.