Hello,

As and when you lodge an FIR the police will conduct its investigation to know whether some medical negligence was there or not on the part of the doctor.

Also, you may file a case of medical negligence before the consumer forum.

Get in touch with a local lawyer.

Regards

This is a common issue that doctors or medical professionals are not willing to give anything against the other doctor for negligence, how obvious it may seem.

You should file a complaint with the police, but the the best recourse for you to file a case for medical negligence in consumer court claiming compensation for the acts of omission and commission of the hospital staff and the doctors.

For any legal assistance in this matter, feel free to call.

hello

this is a case of medical negligence and doctors have been very reckless in dealing with your wife. you should immediately lodge an FIR with the police and then proceed ahead with the compensation from the state consumer forum as a heavy compensation should be demanded.

regards

1. Since the life of your wife has been saved you can make the doctor/hospital liable only under the civil law for tortuous liability i.e failure to observe due diligence during the treatment. This can be done by filing a case in the consumer forum to seek damages on account of deficiency in service.

2. In India the law of damages arising out of medical negligence when it has not resulted in the death of patient is still in infancy. You should obtain the opinion of an independent medical practitioner to ascertain whether there was negligence or not. Even the court would refer the matter to a medical board as judges are masters of law, not of medicine. Without an opinion by board of doctors no liability can be fastened to the hospital concerned.

Firstly, I am sorry to hear about your wife’s plight. I hope she gets better soon.

I would advise you to file a complaint under the Consumer Protection Act with the appropriate forum. In it, you can allege negligence and/or deficiency in service against the concerned hospital and medical practioners.

To prove a case of medical negligence, you will first need to establish that the hospital/medical practitioner owed a duty of care to your wife and the said duty of care was breached. This seems to be true in your case in that the hospital did not wait even for 12 hours when the norm is 24 hours. But note that I am taking you on your word here. I am going to refrain from commenting on the chances of success of such a claim without a fuller grasp of facts.

You can claim two types of damages: general and special. These two broad categories contain a number of sub categories including medical expenses incurred, future medical expenses, loss of income, loss of future earnings in case of disability, loss of consortium in certain cases, etc.

First things first, you should quantify your claim with the help of an advocate and send them a legal notice. If they fail to meet your demands, you can file a complaint in the appropriate forum. Do note that you don’t need an advocate to represent you in the consumer forum but I’d would personally advise you to hire one seeing as medical negligence matters tend to be rather involved.

I hope that answers your question.

Sir file an FIR under the medical negligence against hospital and doctor.

Further a civil suit for compensation of damages due to negligence can be filed or a consumer complaint for deficenece of service.

Sir doctors does not give any details of treatment so in rare cases negligence is proced at level of criminal.charges so it is better to.go.for.consumer action and demand high compensation.

In hospitals paper work is always done regarding the medical reports and treatments. You will also have the medical store bill or blood arranging evidences of the surgery. In reports there must be some evidence of the surgery as well as your checkout time from first hospital is before completion of 24 hrs from the delivery and you admitted in second hospital when the surgery were done so you can prove by this time differences the negligence they caused.

Xerox of reports is also fine. You can file police complaint on the basis of those reports. Get online information or information from some known doctor in writing about the time duration between delivery and surgery and file police complaint in the police station in whose jurisdiction the first hospital is situated.

You need hospital discharge report from hospital which indicates the diagnosis ,operations done , medicine prescribed for your wife

2) based on these reports consult another doctor and obtain his written opinion as to whether there has been any negligence by the doctors

3) file police complaint against the doctors and hospital

4) also complain to medical council against the doctors

5) file complaint before consumer forum and seek compensation for mental torture undergone by you

Dear Client,

this may be a case of medical negligence. To clear liquid at least 24 hours are recommended. Complain to Medical council of India and file consume complain for medical negligence and compensation.

You should have medical history of all 3 hospitals.

Police complain can be filed once it is proved that doctor committed carelessness. Hope your wife fine now.

sir, an FIR must be lodged with the police station. I think the local police station is Moti Doongri.

file a complaint too with the consumer forum. I have handled such cases and the quickly you proceed the better. I wish and hope your wife gets better soon.

regards

Sir collect all the reports , medicines give procedure followed and further file an FIR before that second opinion of a doctor on the issue can be taken with an report on his opinion. Further a complaint to medical council of India and state authrotiy can be done. I fear this is case of Sharda again in sikar.

You can file FIR against the said doctors. You can also file Complaint against medical council. You can further file a consumer complaint also. I know you will find difficult to get a doctor for the medical opinion but you need to pursue the same in court

If you have all the documents of your wife's treatment you should go for a FIR as well as file a case for medical negligence in consumer court simultaneously.

your cases personl query my contect no [deleted]

The best way ofgetting evidence from the hospital is to ask the police to get the CCTV footages of the hospital where the operation was held. If police fail to do so you can also institute a private complaint under section 200 of the CRPC and the court may order the police to get the CCTV footages.

This is a gross negligence on the part of the doctor, simply go to the Police Station with a written application in the name of the SHO narrating the full facts, if he refuses then take one to one meeting with the area SSP, he will not refuse and help you fully.

The first necessary step if you are a victim of medical negligence is to file a Complaint against the doctor with the State Medical Council. The victim can file a complaint in the state consumer court also and there can be a criminal suit filed by the patient against the hospital or the doctor himself.

If the main aim of the patient is to seek a monetary compensation then, he/she should file a complaint in the consumer court so that, the case can be finished at the earliest possible.

The consumer courts investigate the matter in the rarest of the rare medical negligence case and can also suspend the license of the doctor.

The steps to be taken on this are:

you have to file a complaint with local police and state medical council.

If the complaint is only filed with the police, the police can send the report to the state medical council also.

If the State medical council finds the case relevant then, they will send the reports to the appropriate courts under relevant sections.

If the medical negligence case is criminal in nature then, it becomes the case against state versus the particular hospital or doctor.

if the council finds the crime done by the doctor or hospital is serious and led to the danger of the life of the patient then, the council can initiate action against the doctor by suspending his license for a relevant period of time, until the matter is finished.

After this, if the doctor or the hospital is proved guilty then, he can get imprisonment which will be decided on the basis of the seriousness of the negligence done on their part.

If the patient is not satisfied with the decision of the council, he or she can again appeal to the Medical council of India.

The complainant- if seeking for monetary compensation- can seek the help from consumer courts (it should be kept in mind that the consumer courts can only give remedy as compensation and it does not have the right to punish the doctor or the hospital).

Thanks mam for ur valuable suggestion. I have xerox copy of papers. Original papers have been submitted to SMS Hospital Jaipur.

You may consult a local advocate and proceed on the advise and suggestions made to you.