Ginny Singh (Student) 23 May 2016

Medical - legal

Hi,

My query is related to medical mistake.

In the year 2007 I was admitted in a medical college for lithortipsy ( for the removal of uretric stone at at the right side ), the treatment procedure started by a urologist and by mistake or negligency they had cut off my right ureter ( urine pipe comes from kidney to urinal bladder ). At the same time after the happening of this incident, the doctor came outside the operation theatre and told lie to my parents that there is a infection and we will have to perform an open surgery and my parents gave their concent to do the same. Then the doctor corrected his mistake by opening my stomach and reconstructed my right ureter with the tissue of urinal bladder, after 10 days the reconstructed ureter was delinked from the upper end and the urine started leaking inside my stomach.

I went to Sir Ganga Ram Hospital ( Delhi ). I possess all reports.

Then I went to pushpawati hospital. ( Delhi )

At last i approached SMS ( Sawai Man Singh Hospital ), Jaipur ( Rajasthan ), they treated and operated.

In SMS hospital while surgery they took 16 inches of piece from my intestine and reconstructed my right ureter again in year 2008, and after that i spent two years on the bed with the leaking wounds.

- I have the proof of discharge from that hospital in which that incident happened, but in the discharge slip the doctor mentioned the open surgery only instead of mentioning the both procedures, so i dont have the proof of his negligency.

Now the question is that : -

- Without any proof how can i sue that doctor who operated me negligently.

- How can i claim the expenditure of treatment.

- How can i claim the money which i could have earned during my job, if i were alright.

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9 Replies

A.Kumaran 23 May 2016

Try to add value to the discussion, with your each post.

G.L.N. Prasad (Retired employee.) 23 May 2016

It is common negligence in operations while removing uterus and removal of stones by Doctors in case of female patients in case of open surgery. But in case of leproscopy, such chances are less. The entire process of operation must be available as soft copy with medical institution.

Remember these two things.

1)As a patient you have the right to seek entire information on process, notes, scan reports, and contact a sincere Doctor and prepare a list of documents to be obtained for establishing clinical negligence.

2)Then you can file a consumer complaint in person before District consumer forum and complaint must be drafted tactufully supported with facts like a)Actual ailment b)treatment give at various stages and process involved, test reports, medicines used c)Negligence pinpoint as to what is to be supposed to be done and what was done. d)loss suffered by you and epenses and mental agoney suffered by you. The complaint must have enclosures of all test / clinical examination reports / x rays /scans etc. (Scan is compulsory for tracking the stone, during such operation and then later after the operation, and the stone has to be shown to patient with a report on such stone). There are several missing links in your story.

Above all the most disappointing and disadvantage in filing complaint is limitation period. The operation was performed in 2007 and complaint has to be filed within 2 years from cause of action. Now that no notice was issued, a capable Advocate can guide you how to bring it back within limitation period, if possible.

Kumar Doab (FIN) 23 May 2016

The matter seems to medical negligence.

However you need to get all docs on record, if any missing, including but not limited to video recordings of procedure and consent given by family etc as there are chances of involvment of medical board.

T. Kalaiselvan, Advocate (Advocate) 28 May 2016

No doubt you can initiate suit seeking compensation due to the lapse or medical negligence.

Since the matter is reported to have taken place very long ago, would you be able to gather the concrete evidences to prove the harm done to you by the carelessness of the doctor who treated you?

If you, secure them and go ahead with a legal notice first demanding compensation and then approach court.

Sudhir Kumar, Advocate (Advocate) 01 June 2016

agreed with Mr Kalaiselvan.

Ginny Singh (Student) 06 June 2016

Hello,

Mr. T. Kalaiselvan, Advocate,

Accept discharge summary of that hospital i dont possess any other proof, in the discharge summary they have not mentioned leproscopy, they have mentioned open surgery only.

how can i get video or soft copy or any kind of records of the entire operation process.

Ginny Singh (Student) 06 June 2016

Hello,

Mr. G.L.N. Prasad, Advocate,

Accept discharge summary of that hospital i dont possess any other proof, in the discharge summary they have not mentioned leproscopy, they have mentioned open surgery only.

how can i get video or soft copy or any kind of records of the entire operation process.

G.L.N. Prasad (Retired employee.) 06 June 2016

Please go through link and you can find out yourself as the CIC decision was delivered by a Professor in law, and gives details of all legislations that gives a right to patient to seek such medical records. (I am not an advocate and a common man like you)

https://www.rtiindia.org/law/right-to-detailed-medical-records/2927/