Medical negligence how to proceed?
santosh mohandas
(Querist) 11 November 2014
This query is : Resolved
A\My relative a patient was admitted to a hospital and the doctor, on examination, diagnosed that the pain was owing to pelvic inflammation caused by Copper T and advised for removal of the same.The discharge summary given, confirmed that the above mentioned procedures were executed. Since the pain resurfaced the scan revealed that CuT was intact and not removed as stated by the hospital earlier and she went to another hospital and got it removed.
There was a clear case of medical negligence and i want to know how to proceed... should i file a civil suit or criminal suit?? and is there any procedure to be done before filing the case apart from informing the hospital?
ajay sethi
(Expert) 11 November 2014
issue legal notice to hospital and move consumer forum for deficiency in service . seek compensation for mental torture your relative has undergone . also refund of money paid for treatment .
also lodge complaint with medical council of india against doctors of hospital who performed operation
santosh mohandas
(Querist) 11 November 2014
Can we file criminal case since the TAT is faster? and can i file both civil and criminal case in parallel?
Devajyoti Barman
(Expert) 11 November 2014
Criminal case against Doctor is no more possible at the drop of a hat.
You can file consumer case but you need another expert's report to support your case at the time of filing the same.
Kumar Doab
(Expert) 11 November 2014
Did the second hospital confirm in diagnostic reports that CuT was within the body and do you have films, reports, receipts?
Consumer courts have levied heavy penalties in suc h cases.
The DCDRF should be approaxhed preferably thru a lawyer well versed with such cases.
The complaint can be lodged with , statMCI also.
Your lawyer may opine to criminal complaint as well.
ajay sethi
(Expert) 12 November 2014
you can also lodge police complaint against the concerned doctors
V R SHROFF
(Expert) 12 November 2014
consumer forum is respectable remedy
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
Medical negligence finds a place in the deficiency of service in the consumer protection act and you will find proper remedy too from that forum, better contact a local lawyer well versed with consumer cases and proceed.
