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Nirali Nayak   25 June 2021

Medical negligence

Dear team,

The doctor performed surgery yesterday and while shifting to the ward the OT Staff forgot to put him on oxygen supply meanwhile my father started feeling some uneasiness and his oxygen level also came down that led to the serious issue. I immediately called the Nurse and then she switched on the supply of oxygen. This incident happened in one of the best hospitals in Delhi. I want to take an action against them. Please suggest.

Thank you



 1 Replies

Vasundhara Singh (Student)     01 July 2021

Dear reader,  

Negligence comes into action when a person owes a duty of care towards another individual and he breaches that duty causing damage to the other individual. In India, medical negligence can be covered under criminal laws, consumer laws and civil laws.   

In criminal law, Section 304 A of IPC states that “whoever causes the death of a person by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine or with both.” the doctor can be made liable if had the wrong intention or he deliberately caused death or he can sometimes be made liable for the mistakes of his staff. In your case, since there was death, it not useful to file a case under IPC.  

Since your father was admitted to a hospital and the mistake was on the side of the staff of the hospital, you can also claim compensation for loss caused to you under the Consumer Protection Act. You can file a complaint at either district level, state-level or national level depending on the monetary value of compensation claimed.  

Under civil law, the case can be filed against the doctor or the hospital for tort. It will be on you to prove to the court that you have suffered a loss due to the acts of the defendant and want to claim compensation for the loss suffered by you and your family. Cases under civil law mainly include where there was no death but the victim has suffered due to the acts of the defendant party.  

Regards  

Vasundhara Singh  


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