• My mother has become BLIND due to wrong/excess medicines

I am a student(age:20yrs),studying in Final Year BSc(Maths) in Kelkar College

My mother has become BLIND in Sept,2010  because of WRONG/EXCESS medicines given to her by a hospital in Dombivli –      she was given 19injections/oral medicines in 2.5hours by tying her hands & feet to cot for MADNESS by TRAINEE DOCTOR & PHYSICIAN(11injections were given by them) – and thereafter ONLY after 5hours she was seen by PSYCHIATRIST(8injections were then given by him) when she was admitted for taking SALINE because of weakness of Dengue(20days back her dengue fever was ok) and Menopause problem(she got her MC after 5 months), by my father(who is having MIND problem, and is taking medicine for last 8years).
When entering the hospital, my mother and we 2children(myself then aged 15yrs old & my brother: 19yrs old) saw the 2RAPE culprits involved with the breaking of our flat door and entering our house alongwith Police & RAPE culprits of my BROTHER(then aged 15yrs) AND our 19yrs old servant girl(this was in year 2006) -  THIS BREAKING OF OUR FLAT DOOR WAS IMMEDIATELY ON THE VERY NEXT DAY OF RAPE COMPLAINT FILED WITH THE POLICE.  Thereafter(after 7months stay) due to INTOLERABLE/UNBEARABLE HARASSMENT given by Police & the RAPE culprits my mother was FORCED to run-away alongwith we 2grown-up children(brother:then aged 15yrs old & myself: then aged 11yrs old) from Dahisar(having OWNERSHIP 2bedroom flat), and got settled at Dombivli for last 8years(staying on leave-n-licence). 
(1)J.J.hospital based on MRI - Optic NERVE ATROPHY  has given 100% BLINDNESS CERTIFICATE.  17 doctors(5government & 12private) have given in writing that my mother will never get her vision back.  My mother is VERY HOLY and by her prayers, she has got 5 to 10% vision, which doctors are telling her  that this vision will go, since OPTIC NERVE ATROPHY is IRREVERSIBLE

(2)We sent detailed letter to  hospital head TWICE, but he did not respond.

(3) We filed a police complaint with  police station but till date they have not taken any action.  After lot of follow up with Director General of Police,Mr.Dayal - the matter was given to CRIME BRANCH.  . Crime branch has taken detailed statement on 9th April,2013, but till today they are only informing that they are awaiting report from JJ hospital.

(4) We sent a copy of the detailed letter to Maharashtra Medical Council, immediately the hospital responded to them -  hospital again gave ONLY their MANIPULATED INTERNAL TREATMENT SHEET showing ONLY   2-injections given to my mother on the first day, WHEREAS their BILL which is showing  19-injections given to my mother was not given to Maharashtra Medical Council.  
We submitted the bill showing the 19injections/oral medicines given to my mother, hence although Maharashtra Medical Council told us that our complaint is of recent one, and that they are having other complaints pending with them of more than 20 to 22yrs old, still they called for an  enquiry meeting in Feb.,2015 -  ALL 3doctors DID NOT COME FOR THE ENQUIRY MEETING

(5) We approached many Advocates for help, but they ONLY kept our file with them pending for MONTHS/YEARS and gave back to us stating that they have no time.  Some of the Advocates of HRL and Majlees etc have not even returned our file back to us nor are ready to answer us whether they will be doing our work or not.

(6) Through National Association of Blind(NAB),and through Sanjeeveni Foundation we got information that we can get help through INTERNET how to fight our own case, hence, we approached this site, please help us how we should proceed.  Thanks.
Asked 1 year ago in Family Law from Dombivli, Maharashtra
Religion: Christian
1)do you have medical records of treatment given to your mother in hospital in dombivili 

2) based on medical records and opinion given by doctors only can it be said that case of medical negligence is made out or not 

3) file complaint with consumer forum and seek compensation for medical negligence of the doctors and hospital . 

4) file RTi application with Public information officer as to what action has been taken on your police complaint 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hi, you have to file a consumer complaint against the Hospital for deficiency of service based on your documents so that you will get the relief.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
This is a case medico-legal issue for which the erring doctors can be brought to books.
They are guilty of deficiency of service for whch you can file a cae beofre the consumer forum. I wonder whether you have visited any lawyer who deals in consumer case. if no, then visit one and file a case for damages. Your case has got good merit.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1. Neither the police nor hospital is taking the matter seriously. In such a scenario the only institution which can rise to the occasion and do justice is the High Court.

2. Do not rely on Medical Council. They seldom act against their own brethren. Approach the High Court after engaging a good lawyer. The court alone can be the panacea of all your ills.

3. Sometimes there is a homogenous pattern of behaviour among people a ta particular place. So if the advocates at your place neither gave their legal opinion nor returned your file then it would be wise on your part to consult lawyers from a different place to get going.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) you don't need hospital bill but treatment given at hospital by doctors 

2) file RTI application seeking medical records from hospital of mother treatment

3) file RTI with police as to action taken on complaint 



4)only if case of negligence is made out should you file complaint before consumer forum
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hi, there is no hard and fast rule for claiming compensation amount but it has to be calculated based on age and earning capacity and loss of earning because of negligence.

2. District forum has entertain claim amount of Rs 20 lacks and state commission will entertain  compensation from 20 lacks to uoto 1 crore  and compensation more than 1 crore you have to approach National Commission.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Please meet a local lawyer who will guide you to file such case in consumer forum. Though in consumer engaging an advocate is not compulsory, it is better to do so since it requires legal skill to draft the complaint and then later get it proceed in foum.
You can claim as much money as you wish. The forum however will decide how much to pay.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1. It is a fit case to file a complaint case before your local District Consumer dispute Redressal forum alleging deficiency in service and unfair business practice claiming damage and cost,

2. You need to hire a reliable lawyer to persue your case,

3. The Order passed by the Supreme Court in connection with the case about the negligent death of Dr. Anuradaha Sahe filed by her doctor husband can be referred to in this regard. 
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
1. Your filing bthe case before the Consumer Court will be risky,

2. Hire a reliable lawyer for the said purpose,

3. You can also file a writ petition for police inaction for the involvement of the minister.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0

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