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Help me in an issue

Gud evening to all Sir I'm an advocate and I want going to file a case on behalf of my mother. My mother had cataract and lost vision in left eye problem. A private doctor told us that everything will be well and my mom 85% eye sight will be restored/come back. But after operation not even 1% eye sight came back. I want to go to consumer forum. If will be highly grateful if someone would help me in enlightening with the laws relating to it.


 5 Replies

Raman Singla   18 July 2017

send legal notice to doctor for compensation and if he did not pay any compensation then file a consumer complaint u/s 12 of CPA, 1986

Ms.Usha Kapoor (CEO)     19 July 2017

After due legal notice demanding compensation from the doctor and if he fails to pay move consumer forum u/s 12 of Consumer protection Act.

Advocate Bhartesh goyal (advocate)     19 July 2017

First obtain the opinion of another doctor in regard to negligence of operation if you. find negligence in operation then file complaint against doctor who operated your mother's eye before District Consumer Forum.

G.L.N. Prasad (Retired employee.)     19 July 2017

Go through recent SC Judgments, the error of judgment by Doctor is not punishable.  Unless the case records and expert advise is on record, do not jump and utilise the limitation period through research on the subject to find out negligence part by doctor, as there is limitation period of 2 yeears from cause of action.

darshana sawant (associate consultant)     22 July 2017

I agree with Adv Goyal, first please ensure that there was negligence on the part of the doctor by taking second opinion, also please ensure that you have all the case papers to prove your case.  If the doctor had promised 85% vision, surely there is some mistake, then you can approach Consumer Court. 

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