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Vasu Singh   02 July 2021

Medical negligence

My cousin who is in 2nd class recently went through leg surgery and while surgery, the nurse of the hospital while injecting her, left the needle inside my cousin’s leg and the medicine leaked out. Due to this, she had to go through extra surgery to remove the needle. Can we sue the hospital and how can it be done?



 2 Replies

Saura Patil   03 July 2021

Hey!

Yes, you can sue the hospital for medical negligence. 

According to landmark judgment in the case of IMA vs. V. P. Santha, an aggrieved person can claim damages from a doctor or a hospital in case of medical negligence. 

You can claim damages through consumer forums and you have a remedy under the Consumer Protection Act. Consumer forums are established at three levels - District, State, and National

You can approach a competent lawyer who can help and guide you through the legal process. 

Other Laws:

1. The Indian Medical Council Act of 1956: You can file a complaint with the respective council if you have incurred damage due to negligence on part of the medical practitioner. The Council can punish the practitioner and cancel their registration but cannot compensate the victim for the loss. 

2. Civil Law: Before the introduction of Consumer Law, cases of medical negligence were dealt with under civil law. 

Hope this helps!

Regards, 

Saura Patil

Tushar Bansode   11 July 2021

Hello,

Yes ma’am, the parents of your cousin can sue the hospital for medical negligence. Please bear in mind that it’s your responsibility to prove negligence, on the part of the hospital, if you decide to sue them. Basically, the burden of proof is on you.

You should first file a complaint to the State Medical Council against the concerned medical practitioner. They will conduct the investigation.If the hospital is found to be at fault, then the council will make a report and take action.

If you are seeking monetary compensation, then it would be prudent to approach a consumer court. There are various forums. As per the amount of compensation you may approach one. Also you should act promptly because section 69(1) of Consumer Protection Act, 2019 says that a complaint must be made within 2 years of the date of the injury.

My personal suggestion to you would be to hire a Patient-Advocate. They are experts in this field and have relevant knowledge along with similar case experience. He will be capable of proving Medical negligence if any.

Though Section 80 of IPC can be used as a defence by the hospital authority that ‘nothing is an offence which is done by an accident, in the doing of a lawful act’. But they still have committed a nonfeasance. Which gives you a right to be compensated under the Law of tort.  

Regards,

Tushar Bansode.

 


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