Yes,you can file a case against the the said hospital and doctors for medical neglegency,deficiency of service and mental agony in State Consumer commission if claim above Rs.20 lacs(not district Forum).
The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.
The case can also be filed in the city / state where the cause of action has occurred.
Consumer complaint can be filed in any of the following courts:
District Consumer Disputes Redressal Forum (DCDRF)
State Consumer Disputes Redressal Commission (SCDRC)
National Conumer Disputes Redressal Commission (NCDRC)
The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.
If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF
If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC
If amount is Rs. 1 Crore and above, case is filed at NCDRC
MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT
Negligence is the breach of duty caused by omission to do something which a reasonable and prudent person guided by those considerations which ordinarily regulates human affairs would do or doing something which a prudent and reasonable person guided by similar considerations would not do.[1] But the dictionary meaning is ‘Lack of Proper Care’. It means carelessness in a matter in which law mandates carefulness. In the law of negligence, professionals such as lawyers, doctors, architects and others are included in the category of persons professing some special skill or skilled persons generally.
In every complaint of medical negligence the complainant is expected to furnish in the forms of exhibits certain documents to establish a prima facie case. However the patients rarely have access to these medical documents and are generally not delivered to patients especially in cases where something goes wrong on pretext of confidentiality. Thus at this stage it becomes difficult for the patients to establish their case and many cases are dismissed summarily. The procedure that is followed afterwards is equally complex and unnecessarily lengthy involving submission of evidence, examination, cross examination of witnesses and other formalities.
