Manash Nanda 06 March 2021

medical negligence

hello sir/madom
my sister had a C-section in a hospital without any adverse medical condition . In that operation due to medical negligence she had severe bleeding . They removed uterus. then a major operation hospital discharge her . After 4 days she again shifted to another hospital for a health issue where she treated for 10 days . We ask the hospital (1st one) to provide all detail reports of her but they denied to provide any . They says it is not mandatory to provide any report.
My question is that is it not mandatory to provide reports of patient ? We want to file medical negligence case against the hospital

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5 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 March 2021

1. You have an option of filing a Grievance Petition before the local Consumer Court, against ALL the Doctors & Hospital, for illegal trade practices, negligence, deficiency, harassment etc.... with supporting documentary evidences and claim damages & compensation for the financial losses and for the mental & physical trauma being caused to you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Manash Nanda 06 March 2021

can we file criminal case against the hospital for early discharge without treatment properly and not provide reports ?

Ritesh Maity (Labour Law Advocate) 07 March 2021

Under West Bengal Clinical Establishment Act, 2017, it is mandatory to provide all treatment records to the patient party. If you are outside Bengal, you may check with local Acts.

Before filing medical negligence case, you have to consider the following points:

1. The onus is heavy upon the complainant i.e. the complainant has to state prima facie what wrong in treatment was done by the doctor/ hospital

2. Medical negligence needs to be proved and not presumed i.e. prima facie you have to prove that there was some wrong in treatment with supporting documents/ medical literature.

Manash Nanda 08 March 2021

yes we have report from the 2nd hospital where we shifted after discharge from the 1st one in 4 days . And also the hospital did not give any medical report. We send a legal notice and asked all report but they saying it is not mandatory to send any report . My question that is it not mandatory when we ask to provide report relating to operation scaning dignosis cbc reports?

Ritesh Maity (Labour Law Advocate) 10 March 2021

My question that is it not mandatory when we ask to provide report relating to operation scaning dignosis cbc reports?

Check the Clinical Establishment Act of applicable to your state. State-wise, the provisions may vary. In West Bengal, it is mandatory to provide treatment records.