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ajay (dba)     26 November 2013

Medical negligence

My mother was hospitalized for treatment of diarrhoea fever & also detected pulmonary koch's,she was recovering,but after some time her toilet was completely stopped for almost 4 days (the doctor was not there as he went to delhi for some seminar) she suffered. When the doctor returned, my sister in law (doctor) questioned the relevance of one powder medicine,after much thinking doctor stopped that powder medicine,her suffering was reduced after giving enema,but her condition was deteriorated as she was not able to eat properly.The doctor given her albumin.When 1 bottle of albumin was given,she start suffering from hallucination & unconsciousness we informed the doctors about the symptoms,but they continued the treatment,when 2nd bottle was administered the frequency of hallucination & unconsciousness was increased,we again informed the doctors but they completed neglected the symptoms & continue. After the 3rd bottle my mother completely unable to breath & she become unconscious I rushed to the doctors present there,they applied CPR also along with O2 after that she shifted to CCU & kept on ventilator.After studying the symptoms doctor stopped the albumin.Her condition was improved & the ventilator removed.Even after clear instructions, the other doctors have started giving albumin & condition is again deteriorated after 1 bottle, & she was kept on BPAP, her condition was stabilized.But the damage was done & her condition was started deteriorating, after some time doctors have prescribed to given albumin while performing the dialysis, we agreed with this.Due to low blood pressure the dialysis was stopped after some time & their choice on the type of dialysis was proved wrong as her blood pressure was low & also the albumin was not removed, & this proves fatal & her condition was deteriorated so & ultimately she died.My mother has suffered for almost 20 days under the treatment of specialist doctors & we have paid the price by loosing her.


 10 Replies

Laxmi Kant Joshi (Advocate )     26 November 2013

file a police report u/s 336 & 304A ipc against the hospital by giving complete facts with proof(if you have otherwise without proof) how they give negligent treatment to your mother and causing that she lost her life after remaining 20 Days in the hospital .

Laxmi Kant Joshi (Advocate )     26 November 2013

file a claim application in the district consumer forum against the hospital by stating that the death caused of your mother after remaining 20 days in the hospital is by wrong diagnose of disease and treatment by the doctors of the hospital .( attach photocopy of the treatment ) .

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 November 2013

The exemplary compensation awarded by the Supreme Court of India  in a medical negligence case highlights the need to address patient safety more proactively

ajay (dba)     26 November 2013

Dear Sir,

Thank you for the reply, please let me know how to file a claim application in the district consumer forum? do I need an advocate?




Mayank Kumar Advocate (EAST DELHI)     26 November 2013

you must lodge complaint for F.I.R u/s 336,304a I.P.C in the police station and also in state medical council with all fact

for Compensation/claim go to Consumer Court.

Ad Amjad Ali (Advocate )     26 November 2013

The case you have to prove negligence regarding your mother treatment, if hospital did well according the norms of medical council, no compensation is possible 

Hardeep (Business)     26 November 2013

Medical Negligence is an extremely difficult proposition to prove, unless it is almost like " error apparent on face of it " . But as first steps you should :

- Collect ALL Records - the diagnosis, the treatment, drugs administered , rate at which given .. everything you know/ have / can lay your hands on.The fact that your  sister in law is herself a doctor could help you here.
- If you can, based upon above take informal advise of some other doctor (specialist in your mother's disease )  if the treatment given was what a " normally diligent doctor " ( mind you, not the best of doctors ) would have done then you have practically no case.. If he says a blatant mis-diagnosis / mistreatment was there, you may have some chances. Also search on the Net re your Mother's disease, diagnosis, treatment, complications, risks etc. to come to your own conclusions as well.
- If after all this you feel there has been blatant mis-diagnosis/ treatment then you will need to present a cogent case to the Consumer Forum. If in the same you can get a reputed Doctor of the same speciality to clearly give a statement that in his / her opinion the case was mishandled your case is stronger ( although it will be very difficult to find such a Doctor - he should also be prepared to be called as a Witness later, if need be ). If the Forum sees a " prima facie" case  , it will be admitted and then the defence etc. willl follow. During which time Defence stance will be that they provided the best possible treatment under the circumstances of your mother's condition when admitted, risks explained at the time etc. etc...
- You should also send a Notice via a lawyer to the Hospital asking for all Medical Records pertaining to the Case to be given to you and also preserved at their end.Although it is not necessary that they will comply but if hey don't, slight adverse inference against them will follow if/when you go to the Consumer  Forum.

In short, firstly convince yourself based upon data that indeed there was mistreatment without any ambiguity.

BTW, I did just a very rough search on Google and administring  Albumin should not lead to hallucinations and unconsciousness....

Loosing a loved one obviously hurts. However, Doctors are not God and in many cases it is a tough balancing act of many complications which may go wrong for no fault of the Doctor.





1 Like

saherin khan   25 November 2019


The first necessary thing to do is to file a Complaint against the doctor with the State Medical Council. The available remedies which you have is file a complaint in the state consumer court, also there can be a criminal suit filed by you against the hospital or the doctor himself. If your main goal is to seek monetary compensation, then filing a complaint in the consumer court is the best available option and the case also can be finished at the earliest possible. The most important step which one needs to do is to gather all medical records as per the guidelines of the medical negligence council of India the patient should get his medical records within 72 hours from the date and time of appointment. 

Sankaranarayanan (Advocate)     24 December 2019

I do stand with experts suggestions.

Aman Sharma (Finance Professional)     05 February 2020

Hey, so you can totally move into the court of law and consumer forum. 
you can go for either a criminal proceeding or civil proceeding or both, you can also file a consumer complaint in consumer forum. 
Firstly I 'll try to tell you how to move this matter in trial court so in supreme court's 2005 judgement in Jacob Mathew case its been mentioned that a doctor can be held criminally liable for a death of patient and given certain guidelines to prove the same, you can lodge a fir under sec 304A, sec 336, 337, 338 of Indian penal code. I advise you to appoint a lawyer for the same and coordinate with him, it's quite tough to prove medical negligence as an act of criminal negligence as the degree of fault is much higher and the whole proceeding might take up some time but you are seriously contemplating to put the wrongdoer behind the bar you can go ahead with this. it won't affect your civil complaint at all. 
For the civil action, you can move in session court by filing a case in session court or you can file a complaint in consumer forum. 
To move in session court you should get a lawyer on board who will in turn file a case of negligence in the court, it will be much easier to prove negligence in a civil matter as the degree is lower in comparison to a criminal proceeding. you can get monetary compensation for the amount of distress it has caused you. 
If you wish to file a complaint in consumer forum, I'll advise you to first send a notice to the said hospital telling them about the whole incident and asking for compensation that you are seeking for (while deciding on compensation don't fill an obscure amount at it may go against you) give them a certain time to respond and pay you like 15 days, if you don't get a response to move into consumer forum and file a complaint, the compensation amount you are seeking for will determine whether you ll move into district, state or national forum, the information about the same you can easily find online, you can do both of this without the lawyer, you can find sample of both notice and complaint on google and you can easily draft the same and submit it, you can even fight your case in consumer forum. The chances for relief in much higher in this forum and you can easily get speedy disposal of the case. 
Some other things I wish to advise you upon is that you should keep your all documents intact such as bills, prescripttion, discharge summary etc. try to talk to someone who knows about your mother's condition in-depth and try to analyze the whole medical procedure and points of misconduct, I 'll advise you to talk to a doctor. 


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