• Negligence by doctor and hospital management

Dear Sir

I, Md. Imtiaz Uddin, would like to inform you that, we have lost our father(Md. Sahab Uddin) on 22.02.15 due to carelessness of a renowned hospital in Kolkata. 
My father had gone thru a open heart surgery on 16th Feb'15, and after post operation his condition was getting worst and worst due to negligencies done by the hospital, and finally they did 2nd operation without our consent on 22nd Feb, and finally declared as dead. 
I ve nos. of document wch reflects their carelessness. 
In addition to this they have threatened me verbally also for taking higher package just before 1st operation, when they came to know that I have an insurance coverage. even having the insurance also I had to pay more than the insurance amount from my side.
I have written to WBMC, to the Hospital, IMA, GIC, IRDA, to That Doctor in email  but I have not received reply from anyone of the committee.
Then I have sent the letter along with the proofs in hard copy in regd post with A.D giving them a time frame of 24th Aril to respond with mentioning, failing which will lead to take the necessary legal action.
I am living in pune. 
I want to know whether filing of complaint can be done from pune itself or I will have to fight from West Bengal? and what are the steps to proceed further to get justice.

pls suggest the necessary steps

Asked 1 year ago in Civil Law from Pune, Maharashtra
1) it has to be proved that death was due to medical negligence . 

2) you have not mentioned whether you have the medical records   or not .

3) please clarify . 
if you have the medical records then consult another doctor . obtain his written opinion that there was negligence in treatment . 

4) you can lodge complaint with medical council of india against hospital and doctor . 

5) also lodge police complaint regarding negligence of hospital . police will send medical  report to govt hospital to check whether there has been negligence or not . based on opinion of govt doctors case would be registered.

6) you will have to file consumer complaint for deficiency in service and for compensation in kolkata within whose jurisdiction medical negligence occurred 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Hi, you can file a complaint in West Bengal Medical Board and for professional misconduct against doctor and hospital.

2. You have to file a complaint under consumer protection act for deficiency of services against hospital and doctor.

3. Though you are reside in Pune you have to file a complaint in  West Bengal against the Doctor and hospital  as the cause of action arise in West Bengal and before filling a complaint you have to issue legal notice. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You can claim compensation for lost of your father.Send a Legal Notice to the said hospital in Kolkata to claim a lump sum amount for compensation. If they would not comply as per notice then file a case in District Consumer Forum(up to Rs.20 lakhs)/State Consumer Commission( Rs.20 lakhs to 1 core) in Kolkata for deficiency of service and medical negligence.Case not to be filed in Pune, feel free contact  I may help you.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. You have abundant remedies under the Indian legal framework.

2. You can prosecute the hospital management and the doctors who conducted the operation for medical negligence. If found guilty they will be jailed.

3. In addition to above, you can also seek heavy monetary damages from the hospital for the negligence which resulted in the demise of your father. 

4. If the death of your father took place in Kolkata then the cases can be filed only in Kolkata.

5. Conducting another operation without the consent of the family members is impermissible.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. The cause of action had arisen in Kolkata,

2. Lodge a complaint before the MCI first against the said doctor and Hospital,

3. You shall have to file the complaint case before the appropriate consumer court in west bengal alleging deficiency in service and unfair business practice claiming refund of the entire amount charged from you, damage and cost, 

4. You can refer the Supreme court order in cnnection with the case filed against the negligent death of Dr.Anuradha Saha by her husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Mr Md. Imtiaz Uddin

Let me first express my condolences at your bereavement. The best solution for you is to sue the Hospital in consumer forum for gross medical negligence. From what you say, it prima facie appears to be a strong case against the hospital and the Consumer Forum has been extremely remedy oriented in my opinion in such cases. 

As far as the negligence of the doctors in question are concerned the  regulatory authorities and the guardian institutions of the Medical profession have been informed by you already and quite rightly so. But let me share my apprehensions about any strict step being taken from their behalf. Hardly ever are doctors punished for violation of professional ethics by the IMA. 

But then again if the consumer forum admits gross negligence and till then nothing has happened then we can use such observations of the consumer forum to later judicially enforce justice on the culprit doctors.

Now to respond to your last query, I will have to admit that the complaints can be made from Pune as well but if you intend to sue them for medical negligence then such suit have to be initiated in Kolkata itself. 
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Dear Querist
you have to file the complaint before Kolkata Court, your personal presence is not required on and every date, only for the evidence you can be appear in person otherwise the counsel may handle the case.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

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