• Medical negligence - death

My wife(25) died a month back, she died due to medical negligence. 
Brief about the history:
We got married in may-2015, 2 weeks post marriage she started coughing and after a month long trial and error she was diagnosed with TB. Regular TB treat is 6 months bt she was diagnosed with 2nd type i.e. Multi Drug Resistant TB whose treatment regime is 2 years long. 
WE consulted her family doctor on her parents' consent he ignored the reports and gave some normal anti-biotics, it didn't help much so we decided to take the TB from Appolo. The medicine had high side effects and she became very week, her parents again convinced us to take medication from their family doctor, we obliged, he gave same medicine but changed a little by skipping Injections. He kept reducing the dosage week after week and by June-2016 he asked us to stop all the medicines. He said he'll give stem cells to cover up all the damages that is caused by these drugs and charged 4lakhs. We managed to take loan and get that. but soon after she stopped drugs she started coughing, again started giving normal antibiotics which didn't help much and pushed time till Oct-2016. Later he again prescribed TB drugs with different combination, She took it for a month and she got Jaundice (due to side effects of medicine) He immediately stopped the medicies and asked to get Ayurvedic treatment for Jaundice. Her condition became weaker and weaker and she died in Jan-2017.

Evidences:
Her reports suggesting TB
Prescription given by this doctor (no name in the prescriptions (he's not practicing out side, he only treats her family and her close relatives)
I even doubt if he's a real MBBS doctor

Please advice what best can be done to put him behind bars
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1) you should complain to medical council against the negligent doctor

2) rely upon opinion of other doctors that family doctor ought not to have prescribed line of medicines given on account of its adverse side effects . That doctor was grossly negligent in prescribing medicines given

3)file complaint before consumer forum for recovery of compensation , for refund of Rs 4 lakhs spent on her medical treatment

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Though the negligence of the doctor is palpable criminal case is hardly initiated on it though there is no harm in lodging such complaint.

2. Your actual relief lies in consumer forum wherein you can file case of medical negligence and seek compensation and damages worth of few millions.

3. Alternatively you can lodge complaints with medical council of India whereby a proceeding would be initiated for his professional misconduct which may well result in cancellation or suspension of license to practice.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hello,

You can first file an FIR against him for cheating and fraud and alleging thereby that he is portraying himself as a doctor, where as he is not even a regular practioner. Apart from this if he has not provided you the prescription on some letter head then it will be difficult for you to prove his negligence.

So the best that you can do at this juncture is lodge an FIR against him.

For further query and details you can mail me to or call/ whats app me on +91-

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1)it would deend upon the reliefs claimed by you

2) before district forum 2 years . state commission around 10 years

3) you need support of your in laws

4)post mortem report would indicate cause of death . hence you need post mortem report to prove medical negligence

5) opinion of other doctors that treatment given to your wife was not as per standard treatment procedure would help you in proving doctor guilty

6) if doctor was not qualified and yet treated your wife then he would be held guilty

7)you can seek compensation from consumer forum for mendical negligence in treating your wife .

8) get complaint before police and consumer forum drafted by a lawyer . if drafting is faulty doctor would go scot free

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Evidences:

Her reports suggesting TB

Prescription given by this doctor (no name in the prescriptions (he's not practicing out side, he only treats her family and her close relatives)

I even doubt if he's a real MBBS doctor

Please advice what best can be done to put him behind bars;

If he is not an authorised medical practitioner then you cannot initiate any action against him for medical negligence, but you can lodge a criminal complaint for cheating under the guise of a medical practitioner/doctor and he can be pushed inside to the offence of fake doctor.

You can secure the prescriptions he has made and always produce only photocopies of the originals before police or any authority in the initial stage and can produce the originals before court during the time of trial proceedings. This is to prevent the destruction or damage of evidence by miscreants supporting the culprits.

First confirm the details of this doctor, take a second opinion with another expert doctor and strategize plan to book the fraudster doctor.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. The time taken for disposal of the consumer case depends on various factors hence the same cannot be predicted. However it may take at least two to three years.

2. You can ignore your wife's parents thoughts and can go ahead individually on your own because it is you who is affected by this to the maximum.

3. Not necessary, but you may have to give additional supporting evidences

4. The treatment details and the particulars of medicines and other details related to this

5. If he is not a MBBS doctor then the medical council of India will not initiate any action on this.

6. The punishment aspect shall be decided by court based on the charges framed agaisnt him.

7. No comments to this question.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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