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anand singh bisht (mgr)     25 December 2015

Death of my wife due to medical negligency

dear sir,

 

my wife age 36 years died due to medical negligency of esi  hospital noida , i have file a case against hospital  in noida court last year but there is no any progress,

so please tell me what is the procedure for fast action ?

or can i file this case directely to high court in any state of india  ?

thanks

 

 

 



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     25 December 2015

It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.

U can file a complaint in the consumer forum against the hospital for negligence of service.

Hala Swamy   28 May 2019

you can file a medical negligency case before the consumer court ,where you got service from the hospital to get compensation. Another solution is that you can file before the Medical Council of that state or before the medical council of India
1 Like

LIYANA SHAJI   09 June 2020

Hello,

We understand your concern.

The first step to be taken in case of medical negligence is to file a proper complaint to the State Medical Council against the concerned doctor, practitioner or authority.

A complaint can be filed in the District Consumer Disputes Redressal Forum if the value of services and compensation claimed is less than 20 lakhs or before the state commission if the value does not exceed more than 1 crore rupees. If, however, the value of goods or service and the compensation exceed more than 1 crore rupees, the National Commission is to be approached.  

Hope this answers your query.

Regards,

Liyana Shaji


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