Medico legal

Querist : Anonymous (Querist) 01 October 2011 This query is : Resolved
Sir,
A person 78 yrs died in Apollo Hospital Delhi due to negligence and wrong and invasive line of treatment, we performed the funeral without autopsy, so shud we have got autopsy done, or medical records are sufficient to initiate any legal action and plz, suggest any other procedure to be followed?
Thanking You,

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prabhakar singh (Expert) 01 October 2011
You realize and know the result of your mistake,how now cause of death can be ascertained that it was due to negligence of line of treatment or wrong diagnosis???????

Raj Kumar Makkad (Expert) 01 October 2011
Medical documents must have been prepared by treating doctors so they shall not leave any loose point there so no purpose is going to be served just on the basis of those documents otherwise also one cannot initiate any action against medical experts just because some other line of treatment was also available not applied. Opinion and line of treatment can be different.

Guest (Expert) 02 October 2011
consult with your family doctor on this aspect. if more than two doctor opined there is wrong treatment then you can proceed with the case diary(discharge summary).

Chanchal Nag Chowdhury (Expert) 02 October 2011
Difficult to say. It depends on the records of the treatment, better to consult a specialist doctor before contemplating any move.

N.K.Assumi (Expert) 02 October 2011
The mere fact that a life has been lost or that some person received injury will not be sufficient to come to a conclusion that there was rash or negligent act. The courts in India has repeatedly stated that in order that a qualified doctor to be held guilty of criminal negligence, his negligence must be of a gross nature. Simple lack of care should give rise to only civil liability. Therefore, facts which justify a finding of civil negligence, may not be enough for holding a person criminally liable.Hence, you have to study the entire medical history of the treatment as suggested by Chanchal Nag Chowdhury and see whether the doctor is liable or not.

Raj Kumar Makkad (Expert) 02 October 2011
The querist has not gone to this aspect and he wants to ask whether during pendency of 125 Cr. PC application and his section 10 HMA petition, should court accept such FIR and my reply is there is no bar in the given facts.