• Medico Legal

We have carried out an Liver transplant in Manipal Hospital  Bangalore in September 2016 for my Son, who could not recover after the surgery and we were suspecting some issues in the treatment, but could not get the evidence in writing from any of the doctors. Meanwhile, the Donner was my son's aunty, she was getting frequent pains. and every time we use to get the scanning done the result shows Galbladder missing, now this is confirmed that the Gal baldder is missing after the surgery. It is a clear case of theft, what can be the legal procedure  if we want to move further
Asked 2 years ago in Criminal Law from Netherlands
Religion: Christian

With the available evidence you've, lodge a FIR against the concerned doctor and the hospital. This indeed is a very heinous offence and the perpetrators need to brought to the book.

Also, approach the Consumer Forum since this is a clear case of deficiency in service and medical negligence and carelessness, which needless to say was deliberate.

Send a Legal Notice to the concerned doctor and the hospital to forthwith set the things right. This step has to be taken before approaching the Consumer Forum.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

The said act is punishable under section 19 of the Transplantation of Human Organs Act, 1994.

Immediately file a complaint against the said hospital in the police station

Also you can file a case in the consumer forum to claim damages for the unethical practices.

File a compliant against the doctor at the Medical council of India and also against the hospital.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Hi, it is a serious criminal offence .. It is advisable to lodge a FIR against the hospital management and the doctor/ surgeon who conducted the operation .. Also take the help of media to highlight the matter as it must be involving a scam of human organ trafficking .. Kindly do loge a FIR as soon as possible without delaying the matter

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

1. First of all get in touch with a doctor known to you (preferably relative and friend) who can tell in details the medical negligence and illegal act committed by the doctor and the hospital.

2. Being clear about the matter, lodge a police complaint under copy to the concerned S.P./D.C., MCI at Delhi and also its branch office at Bangalore.

3. It will be easy to proceed further if you can manage to get the registration no. of the said attending doctors for mentioning in the letter as stated above.

4. If police fails to take any action, file a Writ Petition for police inaction making the said doctors and the MD of the hospital as private parties.

5. You can also file a consumer complaint petition before the local District Consumer Dispute Redressal Forum against the said doctors and also the Hospital alleging deficiency in service and unfair business practice claiming substantial; amount towards compensation with interest and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

1) obtain discharge summary report

2)The Medical Council of India has imposed an obligation on Hospitals as per the

regulations notified on 11th March 2002, amended up to December 2010 to maintain the

medical record and provide patient access to it. These regulations were made in exercise of

the powers conferred under section 20A read with section 33(m) of the Indian Medical

Council Act, 1956 (102 of 1956), by the Medical Council of India, with the previous approval

of the Central Government, relating to the Professional Conduct, Etiquette and Ethics for

registered medical practitioners, namely:­

Maintenance of Medical Records:

1.3.1. Every physician shall maintain the medical records pertaining to his/her

indoor patients for a period of three years from the date of commencement of the

treatment in a standard proforma laid down by the Medical Council of India and

attached as Appendix 3.

1.3.2. If any request is made for medical records either by the

patients/authorised attendant or legal authorities involved, the same may

be duly acknowledged and documents shall be issued within the period of

72 hours.

3)complain to medical council against hospital and doctor who treated your son

4) also file police complaint against doctor and hospital

5)also move consumer forum and seek compensation for negligence of Doctor

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Gall bladder is often removed while operating on gallstone or other similar operations.

So first take information whether it was part of liver transplant or not. Even on removing of gallbladder the body can work fine.

So the basis of your complaint would depend on this fact.

If it is found that gallbladder is wrongly removed that the act is hit by ' res ipsa loquitur' and hence the doctor is patently liable for medical negligence and the patient is entitled to penal compensation and damages.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

Considering the above fact,

This is the act of Medical negligence and it has caused adverse results to the patient’s health. There are multiple ways you can initiate legal action.

1. Filing Civil suit to claim for damages suffered in the form of compensation. If there is any breach of duty of care while operating or while the patient is under the supervision of the hospital or the medical professional they are held to be vicariously liable for such wrong committed.

2. Filing Criminal case for medical negligence under Sec. 52, 80, 81, 337, 338,356 of IPC and Sec. 18(1) of Human Organs Transplantation Act .

You can discuss with me for more information.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Yes that will be fine not an issue, this is not much delay.

Case will have to be filed in the Bangalore both consumer and criminal.

You can file the case before the medical council of India at Delhi.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1)you can file police complaint now

2) you can complain to MCI against hospital and doctor

3) No complaint should be filed after 2 years from the date of cause of action as it is barred by limitation= Section 24A of the Act reads as under: “24A – Limitation Period – (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be records its reasons for condoning such delay.”

4) case has to be filed in Bangalore only

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

1. You can file a case even now.

2. You can find the jurisdiction details on the Bills Or treatment related documents. But, I think you need to initiate action with bangalore based court only ( for Manipal hospitals ) .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. It is just one year passed and consumer cases shall have to be filed within 2 years from the date of the cause of action.

2. Ideally, it shall have to be filed at Bangalore. However, If the Manipal Hospital has an office or outlet at Delhi, the said consumer case can be filed at Del;hi.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

Yes.

You have to prosecute in jurisdiction of hospital.

Take Gal bladder missing report and earlier report to operation.

Report in medical council which the Dr/Hospital exists.

File an FIR for theft, cheating, Conspiracy and common intention..

Also sue for damages before Civil Court.

Contact advocate of your choice and proceed further..

Syed Ahmed
Advocate, Bangalore
11 Answers

4.0 on 5.0

A. First, you need to get second opinion from the expert doctor who is familiar with this type of issue. You can ponder over this issue as to whether the complaint should be lodge against the doctor and hospital under the deficiency in the service or not? If the Certified Doctor confirmed the same.

B. You can issue a legal notice to the Hospital Management, Doctor who dealt with the same.

C. Later, you can lodge the complaint before the Consumer Forum under the deficiency in the Service or file a civil suit before the Court to get compensation for mental agony if you don't get any reasonable response from the Hospital Management or concerned doctor. Moreover, you can lodge the complaint before the Police station if you have sufficient proof with respect to the same.

B.T. Ravi
Advocate, Bangalore
880 Answers
82 Consultations

5.0 on 5.0

A. You can lodge the complaint before the Consumer Forum with in 2 years from the date of incident or cause of action arisen as per the Section 24 A of the Consumer Protection Act,1986. However, you are entitled to condone the delay to file the complaint if any time lapsed and the cause of action is arises when you recently realized the same by virtue of scanning confirmation.

B. As far as the territorial jurisdiction is concerned that You should file the complaint before the Bangalore's Consumer Forum with respect to this issue. The complaint is permitted only where the opposite party is resides or carries business or providing service will have to be taken into consideration with respect to the same.

B.T. Ravi
Advocate, Bangalore
880 Answers
82 Consultations

5.0 on 5.0

Hi, the criminal FIR can be lodged any time when the offence is found out..FIR will be lodged in the city where the operation took place

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

Yes, you have to file the case within 2 years from sept 2016.

If this hospital has a branch in delhi, this could be filed at Delhi.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

You ascertain the facts of the gal bladder msssing and get a medical expert's opinion based on the history of her ailment.

After that you may plan to file a complaint against this hospital with the police, before that you can have an audience with the top police official accompanied by a lawyer, explain him about the suspected illegval activities going on in this hospital and your relative is one of the victims to this scandal.

You can seek the advise of the top police officail to fille a complaint against the hospital either directly before the court of through concerned police within the hospital jurisdiction.

The hospital being influential body, may try to hush up the things by bribing the top brasses in this regard, hence you have got to handle the case very secretly till the time you are going to file this complaint.

Immediately after filing this complaint you can arrange for a press meeting and expose the hospital of its such illegal activities like theft of human organs in the name of treatement etc.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

I have two more questions to ask regarding this.

1. The operation was done in 2016 September, is it ok to file the case now.

Yes you can file it even now since you discovered the facts only recently.

2. Can i file the case in Delhi, rather than in Bangalore.

You may have to file it in Bangalore only because the cause of action is reported to have taken place in Bangalore

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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