I have a few questions and shall be grateful if answered here.
- A patient comes to a eye surgeon with 4 days history of injury to right eye by stone on 12th may
- he is seeing only less than half feet
- on examination his retina in right eye had detached (medical term) meaning if not operated early he will lose his chance of vision permanantly.
- he states financial problems but comes on 23 may to get operated where he had conjunctivitis (infection) for which treatment was started and was asked to get operated after few days once infection is under control
- he is operated on 30th may but during the surgery the surgeon finds that there is lot of swelling in his eye.
- after surgery patient continues to have swelling in the eye for which all neccessy treatments were started and in between told that situation of eye not good and possibility of vision is less for which time and again he was advised to take 2nd opinion.
- in end the swelling in the eye decreased but the eye doesnt have the capacity to see.
- now patient relatives want the money back as they feel surgery was delayed which the hospital refused
the party has filed a criminal case against the doctor under crpc 338
- Can a criminal case be registerd againt doctor instead of it being filed in consumer court
- before filing a criminal case againt a doctor is it not fair for the police to verify the authenticity of complaints
- are criminal cases file only on complaints of the complainants and not verified
- does it not amount to harrasment of the doctor
- if it amount to harrasment of the doctor then what is the way out
- can the doctor file a defamation case or a case of harrasment
awating your expert opinion
i would be greatful if experts can clear my queries... legal opinion has be sought for..but such a complaint has started to take a toll on my work
thanks Dr Hasan