Criminal negligence and damage done by a medical expert
Guest
(Querist) 13 April 2019
This query is : Resolved
Can I file criminal negligence case against a doctor and causing serious injury and virtually permanent damage and also for refusing to treat the damage by both doctor and hospital
The injury was caused in OPD of a government hospital by a nuero surgeon full of ego and arrogance on 28th march 2018.I have tried to get treated elsewhere for 1 year including physical therapy as injury is on my lower spine causing 24 hrs pain and burning in sole of foot of left leg which was never there is past.I visited him just to show MRI scan of spine on being referred by osteopath doctor for clinical correlation and to see if MRI show any surgical intervention needs.But without seeing it and without allowing me to speak he just asked what is happening and started compressing my shoulder savagely many times without warning and seeking consent,.I was just sitting on metal stool.This has caused compression of a nerve in lower spin that is causing above symptoms. After that on telling him to be careful and listen he refused to treat and asked me to go elsewhere. he also joked cheaply my back pain has slid to leg.That is ultimate non professional conduct and criminal behavior after 1 year i brought to notice of MS of hospital who too asked me to seek treatment anywhere and sympathized. On sending tough letter again, he referred it to legal cell but refused to treat in same hospital which is well equipped big government super specialty hospital . Such people need to be taught lesson and made to pay huge damages and sent to jail, I need lot of money to go abroad to get treated.I need to be treated fast and compensated .is it possible and what is procedure.initial exchanges are over and i have brought things in record so they cant deny .The criminal doctor has since been transferred on promotion instead demotion. Hospital has point blank refused to treat/admit me for permanent solution
Vijay Raj Mahajan
(Expert) 13 April 2019
File for compensation under the Consumer Protection Act, 1986 for medical negligence and deficiency of service against the particular doctor as well the hospital.
The recent judgment by the Supreme Court of India had compensated the Consumer a sufficient big amount of money for all the looses and expenses incurred by the Consumer after the medical negligence by the doctor caused while treating him.
Whatever expenses incurred for your treatment and looses suffered by you will be compensated under the Act itself.
The amount you seek from the doctor and hospital will decide the jurisdiction of the forum where you will be filling the complainant, whether at district or state or national level.
Dr J C Vashista
(Expert) 14 April 2019
Well analysed and advised by Mr. Vijay Raj Mahajan, I agree.
Filing of a consumer complaint is the best solution.
Guest
(Querist) 14 April 2019
Mahajan and vashisth sir thanks . But problem is different my top priority is treatment to get rid of disease.The hospital has refused point blank and has sent my letter to legal cell saying complaint closed. who will treat me ? compensation etc all come later. Should I file a writ in high court to order my treatment. Problem is other neuro surgeons also not sure what is wrong. it needs admission and thorough testing fresh MRIs and then decisions if surgery is answer or physiotherapy. it is 24 hrs nuisance and my life is hellish though i have managed to control intensity under advise of other doctors. Kindly review and then advise.FIRS priority how to force hospital to treat me .after damaging they are running away in ego arrogance and now closed case referring file to legal cell.their malafied is very clear and chain of criminal act is complete.willful and planned negligence .Am I right sir ?
Guest
(Querist) 14 April 2019
to all eminent senior lawyer .kindly see my issue form my angle .I want to be treated first which hospital has out rightly denied by telling ,e i can go to any other hospital and closed complaint by mentioning disposal of complaint and referred to legal cell. This completes their malfied criminal intent.
But my first problem is to get treated be alright .how to do that ?consumer forum and compensation can wait and that any way i will secure once treatment is over .it needs admission and though review by the hospitals which is full equipped for neuro ailments including brain surgery
Guest
(Querist) 15 April 2019
Shirin Lawrence. Thanks for taking out your time. Kindly answer my question simply. Dont make personal remarks .it has no value. First i am not lawyer.I am management and industrial law expert and NGO president and thus help people in distress and participate when i can answer something based on my practical experience and studies. secondly confine to question. While learned lawyers did reply. My first priority is not answered. I have to get treated first as I have obnoxious burning in my foot since 1 year despite various treatment due to savagely jolting my shoulder by a foolish neuro surgeon in a top govt hospital of Delhi without even asking my details and looking at MRI scans only for which i visited .for my complaint of pain in back when i start walking. I am 66. Okay? Now if you want to answer, please answer this .How to get treatment from these guys on top priority. Rest is all matters that can wait. A patient needs treatment first .The hospital that damaged my spine is not only denying treatment though 100% equipped with everything but threatening patient by referring to legal cell. can you please observe arrogance and corruption in this, of these guys? A person is suffering they are playing written games. Rest all other experts have adequately replied.Even a expert needs expert advise madam. No one is know all.Are you. I request avoid cynicism and personal remarks on a person who is suffering mentally and physically
Guest
(Querist) 16 April 2019
Do you think madam I have not done? have you read my original post yet?Very clearly written that i was okay fully till before the idiot touched me. There is documentary evidence when another surgeon of same hospital had written 10 days before , for MRIs and referral to neuro surgery for clinical correlation if surgery required , and in that case history sheet no mention of any leg pain but only and only mid thoracic back pain that too when I start walking .Most probably due to computer crouch if you understand meaning.Same hospital's equally senior doctor of orthopedics wrote this . There is no record in at least 15 years available with me or in any hospital of world of my reporting this problem ever to any doctor. The doctor rudely stopped me from telling my past and current problem overacting as some gifted miracle man. he was not supposed to carry in hurry physiotherapy manipulations as separate experts are available there and without warning patient explaining and me sitting on metal stool not even foamed,. Do you understand he squeezed repeatedly my entire spine ?He did not even look at MRI which were given to him. Do you know anything about protocol of patient examination ? no doctor can break procedure of treating . without first asking drugs , physical examination ,any current or past problems,allergies , seeing reports if available and then go further for decision .This is documented protocol of MCI.better learn medial practice basics first then preach you seem to be too young and arrogant making personal attack repeatedly . My pain started within 10 minutes of shoulder manipulation. Others Doctors wonder what this idiot was trying to do with my shoulder my actual problem is as it is.Biggest crime he did is to misbehave cut jokes that pain has slid down from back to leg which is just quackery and to abandon the patient .Asked to go elsewhere .Not only doctor, he was,also HOD of nuero science department. legally bound to see patient .legally bound to heal injury caused.he should have apologized and arranged for patient recovery and make treatment plan. Are you able to understand.You would have done same thing. Even though you are a rude person. I think you are having some bias against victims and are pro doctor your language clearly shows cynical attitude. one sided observations ignoring facts deliberately . On opening line you call me knowledgeable and then start bashing me and trying to prove me fool. I did not tell you that my spouse and one more relative was standing there and she too is medico and has witnessed .My brothers and sisters are super specialists working in USA and Canada .They can only advise cant help me . My spouse is class one retired govt officer too and medico and was there . Records are there . I will hang him on Cross. But i cam here for different query .My present problem is to get myself treated. Only for that i queried here nothing else. You gave irrelevant reply again this time making observations as if you are a great doctor yourself able to decide if this is disease or injury caused and if it can or cannot be healed. Please note this hospital abandoned me even now , doing same , did not carry any investigations, and tried to treat me at all. They are brimming with typical bureaucratic arrogance , non accountability, catch me if you can stance, with which Indians in general are suffering today , corruption , high handedness and poor legal system.seems have made you surrender already and talk negative . I am running NGO fighting for women children and against injustice. Can you imagine how I must be feeling with 24 hours irritation . ? I have already mentioned that i have shown to best doctors in Delhi NCR area top nuero surgeons, physiotherapists, internationally renowned chiropractor and all records available .All start after 28th March All treatments started only after 28th march 2018.why hospital is not admitting me investigating me and is apologetic.? Not Reviewing problem form basics and treat when I am entitled there fully for free treatment . Have you some problem in reading and comprehension ? .
We come here to seek guidance not to be insulted .You are doing querist bashing non stop.form very first line showing disrespect to a highly qualified and senior citizen, professor? introspect . This is possible in Indian only.
so Quit this chat . I dont need your advise any more got form other experts already .action has started ?
thanks once to bother so much for me .i am deeply grateful. what has gone wrong with this 90s generation i wonder only arrogance money insincerity ? I am teacher handled thousands like you . I am shocked. I am reporting matter to site owners. for needful. I wish you, all the best and may Christ bestow upon you HIS mercy and some manners too.
MATTER ENDS I AM CLOSING this query.thanks once again
