Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

deepak kumar (.............)     16 May 2017

Negliegence done by veterinary doctor

my dog died three days back due to overdose injection given by DOCTOR veterinary NDMC . i write a written complaint to police and post mortem was conducted. now what should i do ? what legal action i can take.?


Learning

 10 Replies

Advocate SHIV GUPTA (CORPORATE CRIMINAL AND CIVIL ALWS PRACTICE )     16 May 2017

police should  register FIR

deepak kumar (.............)     16 May 2017

but police told us that standing guidelines by hon'ble Supreme court of india , an FIR cannt be lodged against a doctor at first instance.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 May 2017

Certainly a case can be filed in Consumer Court for monetary compensation.  I myself would like to know from experts the criminal law under which an FIR can be filed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 May 2017

This cannot be considered as cruelty to animal.

deepak kumar (.............)     17 May 2017

madam thank u for your kind reply ......one more thing in my mind is that post mortem was conducted and i am waiting for the sample result. if sample result show that overdose given to my dog then what i will do.?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 May 2017

I am 'Sir' and not 'Madam'. If autopsy shows that overdose was the cause, (1) it would either be negligence or (2) done on purpose. If it was a case of negligence I have already conveyed my opinion. If it was done on purpose (not likely) it would have been a case of murder if the patient were a human. If it were an instrument or machine you could have claimed monetary loss. As there are animal protection laws now, you may have case to take action under those laws. You can contact PETA. They may be able to help you. You ask the police to guide you to the Supreme Court guidelines and source it from the internet.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 May 2017

My grand-daughter is a veterinary surgeon in the USA. This is what she says:

"I have read the internet thread and you are absolutely correct, at least from my understanding of Indian Veterinary Medical Association posted documents of acts/rules. My understanding is that there are no regulating state veterinary medical boards. In the US I would recommend them to 1) forgive and move on, because mistakes occasionally happen, 2) File a formal complaint with the state board, 3) file a civic lawsuit for emotional damages. As a DVM I find #3 to be sleazy, especially if the Dr was honest and forthcoming. Also a layperson or other nonmedical professional likely does not understand the medical judgements made leading up to the overdose. Also it is extremely likely necropsy will be unrewarding but they can try, I would recommend a pathological diagnostic lab. In the US we often prefer private over government labs for necropsy."


(Guest)

This is triable offence in a court of Magistrate, if your dog is worth Rs 50 and upwards you need to prove it and ask jurisdictoin psi to lodge complaint against doctor under IPC 428 or 29.  Rest you can seek services of good lawyer to get your justice in court of law.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 May 2017

The case cannot come under IPC - 428, 429. What the doctor had done was not 'mischief'. In order to vent the anger against the doctor one can file a case. But if I were the lawyer of the doctor I will get the case dismissed if it were under IPC-428, 429 only. Similar 428 and 429 there are other laws also. Still I would like to know from experts if there is any other law applicable to this case.

(Guest)

The doctor can be tried under negligence.  But its a futile exercise.  Where people die due to negligence of doctors and case running like mega serial for decades, am surprised you want to go for police case, court for death of dog.  Love for dog is understandable, but medical negligence cases cannot be easily proved.  With all records on hand, like CD of procedure etc doctors play with laws of the land, main reason for them to get away with such things is, lawyers wont be having medical knowledge.

You need to catch hold of a doctor who is a advocate, perhaps such advocate can do justice in your case.  Fees also will be very high for such advocates.  Enqurie as I have suggestd locally.  If you get fine, if not better forget the matter, take one hawai chappal and slap the doctor or spit on his face for killing your dog.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register