• Questions for legal advise for medical negligence

Dear Experts, please go through the following matter and advise:
Attain our sister Reshma Sultana, Age: 23 years, 6 months pregnant Date: 14.09.2015 about 1200 hours Hospital went for a checkup, where Dr. Annapurna, V.M.D. [O.B.G] tested Reshma, said that the B.P. is 170/90 and needs abortion, if not so, there would be life risk to mother and child, and with our acceptance, she joined her as in-patient.  On 14.09.2015 about 1200 hrs to 15.09.2015 about 1700 hrs she gave her the following medicines :
3.	MISOPROST TAB – 200 MG	-	4
4.	BIOTAX – 1 GM VIAL	-	4
5.	500 ML IV			-	3
6.	100 ML IV 		-	2
7.	ADPHADOPA TAB – 250 MG -	10 TAB
	On 15.09.2015 about 1700 hrs my sister Reshma got fits and fell unconscious.  On that, Dr. Annapurna shifted Reshma to another hospital [by name Max Care] on her Hospital Ambulance, where the Doctors tested Reshma and not gave any assurance as she is in un-conscious condition, B.P. is 80/60, breath is 20/min and admitted as inpatient on the same day about 1745 hrs and treated Reshma on the name of Dr. Annapurna [i.e. Prescriptions, Emergency Certificate and Essentiality Certificates etc. all are issued on the name of Dr. Annaurna.  In fact, another doctor of Max Care is treated Reshma].
	On 15.09.2015 to 12.11.2015 we have invested Rs. 2,00,000/- for treatment in Max Care Hospital and the remaining amount had paid by Dr. Annapurna.  Although, nothing improved of my sister Reshma health, and continued in coma.  On 12.11.2015 the doctor of Max Care discharged Reshma saying she will be cure on Home Care treatment.  After that, Dr. Annapurna invested Rs. 4,00,000/- for Reshma’s Home Care, but my sister Reshma not improved and is in coma.  On 03.10.2016my sister Reshma shifted to Neuro Hospital, Hyderabad for treatment, where the doctors tested Reshma, questioned why not bring all these days? Any doctor did not give you advice?  The doctor advised to have Brain Surgery and got invested Rs. 3,00,000/- for the Surgery.  The doctors of Neuro Hospital, Hyderabad says that Reshma’s health condition is deepens and critical and not assured that when she will be cure.  On 12.10.2016 the Neuro Hospital, Hyderabad discharged Reshma, but no improvement in the condition of her health until today i.e. 25.03.2017.  On 10.01.2017 my sister Reshma’s husband divorced her.  Now we have no money to invest to treat my sister Reshma and we are in dilemma how to cure her.   
	Hence, I put some lines before you to give your valuable advice in the following doubts:
1.	We came to know by some of known doctors that, my sister Reshma fell in coma, due to got [94] injections by name Magneon 2 ML within 24 hours.  Please clarify.
2.	If some one is 6 months pregnant, how many injections of Magneon 2 ML are needed to abortion?
3.	Whether any case can be booked against Dr. Annapurna? If yes, under what sections can be doctor prosecuted?
4.	There is no financial status to get the treatment for Reshma, whether the Government or Dr. Annapurna can be asked for treatment?
5.	Whether Max Care Hospital Authority can be booked under medical acts?  If yes, under what sections can be prosecuted?  Because, the doctors of Max Care Hospital treated my sister Reshma issued Prescriptions, Emergency Certificate and Essentiality Certificates etc. on the name of Dr.Annaurna.  In fact the doctors of Max Care Hospital were treated my sister Reshma.
Asked 7 years ago in Civil Law

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4 Answers

1. This appear to be a clear case of medical negligence.

2. So you can seek huge compensation and damages from the erring doctor and the hospital where she was admitted.

3.Since medical negligence cases do require medical evidence, get a report from another docotr ready in support of your case.

4.in delicate cases evidence of consulting doctor in your support is also required.

5. File such case in consumer forum.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) only doctor can say whether wrong line of treatment given to your sister

2) obtain hospital records and her second opinion from doctors as to whether your sister was given corrrct medication or not

3) on basis of doctor report complain to medical council / local police station against Dr Annapurna /max medical center

4)file complaint before consumer forum against doctors and seek orders to direct doctors to pay compensation for mental torture undergone by your sister

5) also seek litigation costs

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. If you claim that your sister's current condition is due to negligence of the doctor and/or hospital then you should firstly obtain independent written opinion from 2-3 doctors who can vouch for this and then file a suit for damages in the civil court. The courts are very strict on the medical practitioners and hospitals who perform their duties in a negligent manner.

2. We are experts of law, not medicine, so we cannot tell you that whether the medicines administered to her ought to have been administered.

3. If you are financially not sound then presently save money for the treatment of your sister as the legal battle would require thick pockets.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The hospital or doctor treating patients can be sue for wrong treatment or medical negligence before the consumer court seeking damage and compensation.

There is a fast pace of commercialization and globalization on all spheres of life and the medical profession is no exception to these phenomena .

Public awareness of medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the Facilities, Standards of professional competence, and The appropriateness of their therapeutic and diagnostic methods.

You may obtain second opinion from another expert doctor to initiate legal process on the subject.

For that you need to have certain documentations as follows:

( l) A complete history with a description of the present ailment or injury, recorded as nearly as possible in the patient's words; (2) The report of a physical examination revealing objective findings regarding objective complaints and including significant negatives; (3) A record of diagnostic tests and all similar reports received concerning the patient;

Besides above, the second opinion by an expert doctor shall be a supportive document to sue the doctor/hospital for medical negligence.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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