Suggestions needed to draft complaint against medical negligence
I am currently working in Bangalore as a software engineer.
I went through a surgery at one of the big hospitals in Bangalore for a minor problem on Mar 2013. The doctor did the surgery in a wrong way that it spoiled my life, career completely. The damage is irreversible/ irreparable. I go through lot of struggle and pain every day. I am just 33.
I want to take the doctor and hospital to the court and sue them for the damage they have done. I do not have any idea where i should start this, to whom should i contact. I want to take this step because i have a family to be taken care of and my condition is challenging to go out and do any kind of job. I would like to take suggestions on drafting a complaint.
Asked in Civil Law from Bangalore, Karnataka
1) first do you have your medical records ?
2) if not call upon the hospital to furnish your medical records . as per MCI guidelines these have to be furnished within period of 72 hours from date of application by the patient
3) consult another doctor . obtain his written opinion whether your doctor has messed up your surgery or not .
4) file police complaint against the doctor and hospital .
5) police after investigations will file FIR against doctor for negligence
6) also complain to MCI against doctor and hospital .
7) file complaint before consumer forum for deficiency of service and seek compensation for irreparable damage caused to you
8) get complaint drafted by local lawyer
1. Hope you have already collected medical records to be used as evidence for the medical negligence of the doctor and the doctor,
2. Consult another doctor who will guide you to select/collect the evidence for the said illegal act of the said doctor/hospital,
3. Lodge a complaint before the Medical Council of India first against the said Doctor and Hospital,
4. After that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming compensation for ruining your life and cost,
5. The case of Dr.Anuradha Saha who was killed in Kolkata by renowned doctors and Nurshing Home in Kolkata filed before the Supreme Court of India may be referred in this connection,
6. Conduct google search to know more about the said case.
1. Medical Negligence is highly intricate to be proved. You need to discuss with your lawyer the evidences that you have of the alleged occurrence of such medical negligence.
2. A medical negligence is different from a normal negligence. Medical practitioners have been given more autonomy and freedom under the law so that they could practice well. A medical negligence can only be established if we could show that the negligence committed was grave and apparent. For eg, leaving a scissor inside stomach is a medical negligence.
3. You must obtain second opinion from another doctor before filing the case. If the second opinion is favourable to you then you may sue the doctor for damages and also slap a criminal case against him.
4. You can also complaint to the Medical Council of India against the doctor.
Hi, you can file a complaint for negligence and for damages before the consumer court and before filing complaint you must issue legal notice against doctor and hospital.
2. Secondly, you can also lodge a complaint against doctor and hospital for negligence at Karnataka Medical Council at Basavanagudi, Bangalore.
for drafting the complaint you may contact a lawyer personally or you can take our help for drafting the complaint after getting our detail from admin.
Advocate, New Delhi
I have the medical records which I got from the hosptial soon after the surgery. In that they have mentioned about the procedure that was done,but the damge is huge.
I do not want to file a compaint in MCI or at poilce station. I would like to file a complaint in cosumer forum ,so that I can sue for damages.
I have an MRI scan taken some months after the surgery. That scan report clearly explains the damage done. Will it be sufficient or Is it necessary to take written advice from doctor aswell?
Will i be able to file the case in consumer forum if i cross 2 years period? Usually how long will these kind of cases take? I have strong evidence to prove them wrong.
Will i get justice?
Asked 2 years ago
1) it is necessary to obtain second medical opinion from another doctor confirming medical negligence
2) filing of complaint in police station and MCI is in your interest
3) claim has to be filed within period of 2 years
4)these cases take 2 years to be disposed before district consumer forum
5) you will get justice
Thank you for writing back to me.
Another doctor wrote a two lines description about the damage done. But he did not mentioned about the consequences and problem that i have to face with the damage. Do i need to collect a detailed report from the doctor which explains ,how the damage will affect my life?
Asked 2 years ago
the doctor opinion should specify that irreparable damage was caused on account of surgery conducted by the doctors in the hospital mentioned by you
if you are able to prove that damage was on account of negligence by doctors you can be award compensation by consumer forum
1. Medical Council of India is the governing body of all the Doctors practcing in India,
2. The said body is the first forum where you should lodge your complaint,
3. It will not deter you from filing consumer case,
4. You should collect as much evidence as possible before you take up the matter legally since after filing the case, it will be difficult for you to collect fresh evidence in support of your allegation.
5. You can file the consumer complaint after 2 years but you shall have to file an application for condonation of delay showing reasons for each days of delay and admission of your case depends on the decision of the forum about condonation of your delay.
1. Collect details report from the Doctor,
2. You must collect irrefutable evidence in support of your allegation,
3. Filing of consumer cases on the ground of medical negligence are very common now a days wherein the applicants get favourable order.