Can employee of hospital can sue the hospital for negligence death of his mother?

Querist : Anonymous (Querist) 29 January 2011 This query is : Resolved
Sir,
kindly inform me whether the employee of hospital can sue the hospital employer for negligence death of his mother (who is not beneficiary of employee scheme)under consumer laws?

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Parveen Kr. Aggarwal (Expert) 29 January 2011
Why not?

Any person availing services of a hospital for consideration is its consumer and in case he proves negligence on the part of the hospital, he can succeed.

Devajyoti Barman (Expert) 30 January 2011
If the employee paid for the charges towards the treatment of his mother then he can definitely held the employer accountable for deficiency of service. Only in those cases where the consumer gets free service can not held the service provider responsible for deficiency of service.

adv. rajeev ( rajoo ) (Expert) 30 January 2011
If there is payment of fees then he can file a consumer complaint for the negligence of the doctor

Uma parameswaran (Expert) 30 January 2011
Yes. employee can file

Advocate. Arunagiri (Expert) 30 January 2011
The hospital employee is also a consumer, so he can file a case in the consumer court.

Guest (Expert) 31 January 2011
Of course you can sue the hospital for its negligence, as the medical service provided by the hospital was not from an employer to an employee, but from a professional service provider to a consumer at a cost. Even in the case of service having been provided ex-gratia by the hospital, negligence on the part of a professional body cannot be ignored that cost a life to the consumer or the heir of a consumer.

Kirti Kar Tripathi (Expert) 31 January 2011
This question is not solely legal but practical also. It is true that legally the employee has a right to sue but whether practically it is possible for a person to sue his employer ? this is the question?

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