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dheepak srinivasa (self)     26 February 2018

State consumer forum

I had a spinal surgery done by an orthopadeic, but the surgery had to be redone again by an other orthopadeic due to  medical negligence. My discharge summary clearly mentions that 2nd surgery has been done only due to the failure of the 1st surgery.

1. Can I claim Rs 50 lacs as compensation for the medical negligence, pain and suffering undergone.?

2. Is there any time limitation for the claim?

3. Scan report is there but I do not have the Bill for it, can I claim expenses? 

4. Can I claim travelling expenses, I do not have bill for that also?

    Are there any Judgements for this? as I have filed this as party in person, the state commission has sent me a notice asking me to appear before it ..... I have only the SR no given to me, and the case has still not been numbered, I do not know why they are asking me to appear before them before numbering the case?

Pl guide me what I should do in front of the comission. All other hospital bills and discharge summaries of both the hospital has been submitted.

Ravi

 

 

 

 

 



Learning

 4 Replies

Kumar Doab (FIN)     26 February 2018

There is NO bar on demanding any amount.

It is to be decided by you what compensation you want to demand.

The decision on award shall be by commission..

The bill can be asked from establishment that conduced scan.

Kumar Doab (FIN)     26 February 2018

The judgments can be searched at;

www.confonet.nic.in

https://indiankanoon.org/

and many other wesbites that support consumer causes

and Google…

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 March 2018

The time limitation is 2 years from the cause of action.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 March 2018

You will need the co-operation of the second surgeon who successfully performed the surgery as he will be your witness. He must be prepared to depose against a fellow surgeon.


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