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Sivadasan Nambiar (Self employed)     03 December 2009

Consumer complaint

 Sir,

Please let me know I can file a medical negligence case directly in State Consumer Forum before filing the case in Medical Council of India.  I have already send a letter to the concerned doctor and he replied.  I am not satisfied with his reply.  Please let me know the procedure in filing consumer complaint.

Thanks and regards,

SDas

 



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 December 2009

You will have to file the complaint in the district forum and not directly in the state forum.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 December 2009

No. You cannot file direct complaint therein. These days even DCDRF are not taking such cases and are sending such complaints first to medical officers and on the basis of their opinion are deciding such complaints.

sridher mariappan (advocate/notary)     03 December 2009

Sir as the matter has to be referred to the Medical Board as mentioned by my Learned Friend

Mr.Raj Kumar. request you to peruse the citation in 2009-2- Law Weekly S.C. . the page number i shall revert back to u morning.

D.V.RamaKrishna (Advocate)     03 December 2009

Mr. Sivadasan Nambiar,

I feel that you can file a consumer complaint against the doctor for negligence in service and at the same file a complaint before the Medical Council.

With regard to fora for filing a consumer complaint, it all depends upon the amount of compensation you claim as to whether the complaint is to be filed before a district forum/state commission or national commission.

 


(Guest)

Nambiar ji,

First you have to take another expert doctor's opinion the treatment given. If  found any medical negligence then only you can file in the forum.

Expert Doctor has to appear before the Consumer Forum to prove that there is negligence in medical treatment


(Guest)

What Sathya Prakash Ji, is saying is 100% correct.

Shree. ( Advocate.)     05 December 2009

Dear Sir,

Go through the below link for your query,the article gives full picture..

Joga Rao SV. Medical negligence liability under the consumer protection act: A review of judicial perspective...

LINK: : https://www.indianjurol.com/text.asp?2009/25/3/361/56205

Kanaksinh P.Boda (Educationist/Lawyer)     17 December 2009

Yes. The Second Opinion Doctor has to file an Affidavit of deficiency/negligence in medical treatment and has to also appear personally for facing cross examination. There is also a possibility that the Forum itself may direct you to approach Medical Council on reference order. However, you may as on now take a second medical opinion and proceed with filing the case. Things will take shape subsequenly with the progress of the case. -Mr.K.P.Boda. Activist.

Pankaj Rai (Lawyer)     17 December 2009

Yes you may file a complaint before State commission. State commission shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed(exceed rupees twenty lacs but does not exceed rupees one crore).


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