Hospital negligience
kshitiz srivastava
(Querist) 02 October 2012
This query is : Resolved
Dear Sir,
On August 29 my baby was born in one of the hospital situated in Gurgaon. The problem started as my wife was given an artificial labor pain for 24 hours and gynecologist insisted on normal delivery instead of cesarean this is because in this hospital they give labor pain to patients to show patients family member that we are doing normal delivery and in last moment they will do cesarean. Due to excessive labor pain my wifes normal delivery was not possible and the doctor used VACCUM TECHNOLOGY to take baby out. Due to which my baby was hurt badly in his head and his head was bleeding and he was not breathing and then Pediatric team started their care and they kept my baby on Ventilator for 72 hours and every part of body was almost not functioning properly and tratement continued for one month and finally my baby was discharged form the hospital with some Neurological fault for which I will have to visit Neuro Pediatric and even no one knows how he will behave in future and how his development will be. I complaint the same with the hospital authorities and they are not ready to accept their fault and they term it as destiny which i am not ready to accept. With in one month I paid them (3lakhs 10 thousand). Now my concern is:
1) What ever amount I paid was not my fault.
2) What about my baby's future who just started his life and just because of someone's negligence he is suffering.
Please let me know how I can drag them to court so that strict action can be taken and I need them to compensate for my baby's medical expense till date and going forward.
Please help.
Devajyoti Barman
(Expert) 02 October 2012
Well, we rae not medical experts though it appears to be a case of medical negligence attracting the provisions of Consumer Protection Act as far as compensation out of this negligence is concerned .
Do seek advice of a medical expert first and on the basis of its report , file the case.
V R SHROFF
(Expert) 02 October 2012
File complaint in Consumer Forum
Also issue Notice to Hospital, demanding past , present and future damages that may occur.
I know the Lifetime hardship of parents of Mentally challenged/ Handicapped, child.
Many a time, the case is during Delivery Period, and a few minutes mistake of Dr. , makes the Life of Parents miserable , till their death....
This pain is unbearable, incurable, miserable, & Lifetime. Parents become totally helpless. No way out but to bear it.
Dr. must become more responsible. Cases of PH Handicapped child is growing due to such negligence.
H. S. Thukral
(Expert) 02 October 2012
Though it is difficult to bring an action against the Hospital in criminal law because the onus to prove gross negligence is on prosecution which would be difficult, yet you can claim damages in torts or compensation in a consumer court for deficiency of services. In Consumer case if you show prima facie negligence of the opposite party, the onus to contradict shifts on it.
Guest
(Expert) 02 October 2012
At first you would need to take help of some experienced gynacologist and child health specialist or the medical board to verify the fact up to what extent negligence existed on the part of the hospital.
JANAK RAJ VATSA
(Expert) 02 October 2012
issue a legal notice to the hospital with regard to the medical negligence they have perpetrated on your wife and ask them to compensate you for the past, present and future implications. if they fail to yield, then file a case of medical negligence in consumer court.
