• Action against hospital for negligence and inhuman treatment

Hi 

I Lost my Husband on 26th April. He was admitted in a well known hospital in Delhi for serious infection and was usually in and out of icu. While in the hospital he contracted Covid while in ICU and later shifted to Covid ward where his bed was kept in the corridor and the medicines which were supposed to be given him thrice were given only once . He was really in a bad shape and we had to get him discharged at our own risk. The hospital charged us hefty sums and we did not even have insurance inspite of that the treamnet was horrible. Finally he lost the battle as he was not OK for surgery due to post covid complications. I want to sue the Hospital and also the Government for this inhuman treatment with him and all others who lost there lives. Can you please help me with the procedure? Do I need to do a criminal case or a PIL? How much will it cost ?
Asked 1 year ago in Constitutional Law

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17 Answers

You may first obtain a second opinion from a different doctor mentioning the death was caused due to medical negligence.

After that you may issue a legal notice demanding compensation from the hospital authorities based on the second opinion and the worst treatment given by the doctors in that hospital to the deceased.

After that you can drag the hospital authorities to consumer commission for relief and remedy

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

1. Accept my condolences for the loss of your husband due to Covid.

2.  If you want to fight for the general public who lost their near and dear ones, then file a PIL.

3.  If you want to file a case against the Hospital and Government for the loss of your husband due to inhuman treatment, then file a case in the jurisdictional Court, producing all the medical records to strengthen your case.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

If you can establish medical negligence appropriate forum for you is District Consumer Forum Kolkata. From your question  it does appear to be case of gross medical negligence. First you have to obtain a judgment from District Consumer Forum and then you can file criminal complaint for culpable homicide not amounting to murder. Issue a lawyer's notice  alleging medical negligence resulting in death. Give details of all negligent acts by hospital, claim damages, death of your husband invaluable but there has to proper penalty for causing death so that it do not happen with others. After that file a complaint in District Consumer Forum. You will get compensation for negligence, damages for mental harassment, costs of complaint and lawyer’s fee. After the judgment from District Consumer Forum, enclosing judgment you can file criminal complaint under 304A of Indian Penal Code, 1860.  

Ravi Shinde
Advocate, Hyderabad
2677 Answers
42 Consultations

5.0 on 5.0

Dear Ma'am,

1. You can file a complaint to the State Medical council against the hospital

2. Also you can reach out to the Consumer Court or a Criminal court

3. A suit against a hospital is a costly affair but in case of consumer claims, you can receive monetary compensation and if you're still not satisfied with the direction of the Consumer Forum, then you can approach  National Consumer Redressal Forum or may even go to the Supreme Court to seek a trial.

 

Thank you

 

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

Hello,

I am very sorry to hear your loss. May the almighty gives you immense strength to overcome your grief. However i would like to suggest you to file a complaint before the consumer forum , which you can file wherever you are staying. 

You can file a criminal complaint but there should be good evidence in your favour showing negligence by the hospital.

A PIL can be filed where many other people has also suffered in such way and you are very much able to prove your claim .

If you want to discuss further you can get in touch with me .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

- Firstly you can file a compliant against the hospital for medical negligence and other grounds faced by you. 

- Send a legal notice to the said hospital and ask for compensation as well. 

- If no response then file a compliant before the Consumer forum

- Further , you can also file a complaint against the hospital before the Medical council of India . 

- Further you can file PIL before the Delhi High Court or Supreme Court against the governments facility and playing with the life of people.

Mohammed Shahzad
Advocate, Delhi
9900 Answers
121 Consultations

5.0 on 5.0

File complaint against hospital fine fire consumer forum and seek compensation for mental torture undergone by you 

 

also reimbursement of hospital bills 

 

also litigation costs 

 

also file police complaint against hospital and concerned doctors for negligence 

 

you can also complain to medical council against hospital 

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Dear Ma'am ,

1. Pil can also be filed against the hospital 

2. PIL can be filled either by a lawyer or by yourself. It would be better as the offence also attracts some provisions of criminal law.

Thank you

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

Well, every death is unfortunate and not warranted.

And in all such circumstances imputation of negligence can be given to the treating Doctor.

Anyway if you feel indeed there was  medical negligence then file case before the consumer form than the PIL in High Court or the Supreme Court. 

 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

PIL is a Petition which is filed by an individual or citizen groups in the Court pursuing justice on a problem which has a broader public interest.

- The main aim of PIL is to give ordinary people access to the law to acquire legal redress for a more substantial cause. For socially conscious citizens who would like to fix the system through a court of law, the Public Interest Litigation (PIL) is a powerful tool.

- You can file the PIL under Art 32 of the Indian Constitution, in the Supreme Court or under Art 226 of the Indian Constitution, in the High Court and also under Section 133 of the Criminal Procedure Code, in the Court of Magistrate as well. 

- If you are residing in Delhi, and as the said incident has occured in Delhi, then file in Delhi.

Mohammed Shahzad
Advocate, Delhi
9900 Answers
121 Consultations

5.0 on 5.0

1. Collect evidence of medical deficiency in service, mal treatment resulting in to his death.

 

2. Consult a doctor to collect the evidence which can be termed as irrefutable evidence in proving the offence of the Hospital and its Doctors.

 

3. Thereafter file a complaint before the local police and  the Medical Council of India, Delhi praying for justice, compensation and relief.

 

4. If the Police and the MCI does not act to your satisfaction, you can file a Writ Petition before the High Court at N. Delhi.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You can file the police complaint and also the complaint to the MCI from Kolkata  the Writ Petition shall have to be filed before the Delhi High Court.

 

2. It will be prudent on your part to engage a lawyer of N. Delhi to handle the case. at N. Delhi.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can file Pl in Delhi HC 

 

2) engage a delhi lawyer 

 

3) you don’t need criminal lawyer 

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

1. PIL can be filed by any person in the Hon'ble Supreme Court under Article 32 of the Indian Constitution OR it can be filed in the Hon'ble Delhi High Court under Article 226

2.  If you want to take the services of an Advocate, you can do so. There are no such restrictions that the Advocate should have dealt in criminal law for filling a PIL.

3.  Even a Post Card addressed to the Hon'ble Chief Justice of India for PIL,  mentioning the details have been addressed earlier.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

For a cause of action occurred in Delhi you may have to file a case in Delhi jurisdiction only, though you can engage the services of a lawyer from outside Delhi too.

In my view the remedies before you is to approach consumer forum  for medical negligence and unfair trade practice

Thus, there are 3 components of medical negligence:

  • Existence of legal duty
  • Breach of legal duty
  • Damage caused by such breach

There are various kinds of situations which amount to medical negligence by a medical professional such as incorrect diagnosis, deferred diagnosis, inaccurate surgery, long term negligent treatment, childbirth and labor malpractice, needless surgery and erroneous administration of anesthesia etc.

The Hon’ble Supreme Court in Dr. Laxman Balkrishna Joshi Vs. Dr. Trimbak Bapu Godbole had observed that every doctor must exercise reasonable “standard of care” that are set out in the profession. Any breach towards these duties shall hold him liable for medical negligence.

A medical professional or hospital shall be held liable for all actions against the patients where they have not taken proper standard of care and it has resulted in suffering on part of the patient. The burden of proof shall lie on the complainant to prove a case of negligence. They have to first establish that there was a duty of care on part of the accused and that, there was breach of such duty.

The State Consumer Disputes Redressal Commission of Jharkhand in Jagdish Prasad Singh v. Dr. A.K.Chatterjee directed the opposite party to pay a sum of Rs. 25,000 to the complainant as compensation for his mental agony and physical harassment and Rs. 5,000 as litigation cost. It was observed that the accused had failed to take due care to return the precise findings in the reports. Whether harm came to the patient or not would not be the criteria for case against negligence.

Thus you have relief before the consumer forum and not by filing a PIL.

You may discuss with a local advocate and proceed as suggested.

 

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Yes, the PIL has to be filed in Delhi High Court,  which i can help you by providing lawyer based in delhi, if you want .

No it is not necessary that both the criminal case and the PIL be handled by a same lawyer but it would be better if one lawyer handles the both.

Regards 

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. Medical negligence in India is both a tort and an offence under Section 304A which punishes death by negligence.

2. However, as the judges manning the courts are not medical experts they have to fall back on the report of the medical board to be constituted for the purpose of determining whether there was negligence.

3. Supreme Court has held that where a medical practitioner or hospital is sued for negligence then courts must order the constitution of a medical board to conduct an inquiry and submit a report on the claim against the doctor. Having appeared as a lawyer in countless cases of medical negligence including Covid death, I can vouch that it is only in a handful of cases that medical board records a finding against the doctor.

4. You cannot file a PIL. Your remedy is to file a petition for compensation before the National Consumer Forum and a FIR under Section 304A for causing death by negligence.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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