• Medical negligence with cosmetic surgeon

A year back i got my hair transplant done in Jaipur by medispa, i got influenced by their videos and results uploaded on youtube but the real reality was something in real. The doctor did not perform any surgery and rather asked his technician to conduct sutures (trichopytic surgery which is specially performed only by plastic surgeons) I asked for hair transplant surgery for my crown area but rather doctor without my consent performed transplantation on my top frontal area. As far as i remember the doctor did not ask me to sign any consent form. I do have the invoice for surgery performed. I was also unhappy during the procedure ( I came alone for surgery). i did write many emails to the doctor but got no reply in return. I need legal advice and help. i would also need a lawyer to visit the doctor. Surgery was performed on 13th September 2017. it takes 12 months for the complete result but I did not get any satisfied result plus the doctor technicians left me with ugly scars which are visible.
Asked 3 years ago in Civil Law

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12 Answers

Hello

       This is an apt case for consumer forum. Immediately file a case for compensation and damages.

Regards 

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

File a consumer complaint against the doctor for deficiency of services and malpractice and seek damages and compensation from him.first send a legal notice to doctor if he fails to compensate file a suit.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

Did they assured in writing and now it did not happen? any correspondence of assurance the service demanded by you, which he has agreed. without above, we cant take any legal action against him.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

Obtain second opinion that cosmetic surgery w as negligent in performing   hair transplant 

 

2) then complain against cosmetic surgeon before medical council 

 

3) file complaint before consumer forum and seek orders to direct surgeon to compensate you for negligence in carrying out hair transplant 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

  1. You can move consumer Court against negligence. 
  2. I'm​ based in Bombay and appear in all courts across India. I'm prepared and competent not just to advice you, but also represent you as your advocate in your district consumer forum, state consumer forum (in case of appeal) and national consumer forum (second appeal) 
  3. Kindly leave your contact details in feedback as they aren't shown to me here. I will get in touch with you and give you appointment at my office. Be prepared to come to Bombay for consulting me

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1425 Answers
5 Consultations

4.4 on 5.0

1) You can send a legal notice to Doctor and file case against him in court ot first you can complaint in Medical association of India against him.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

If you are feeling that you have been cheated by the spa and have not done the actual service as promised instead have done a different transplantation which has aggrieved you and caused you fiscal as well as physical loss, you may first gather the concrete evidences to prove your grievances and also the cheating activity of the doctor and his clinic inthis regard.

Issue a legal notice demanding compensation for the losses you suffered including the mental stress and agony you suffered, after which you can drag him to the consumer forum for relief and remedy.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been cheated somewhere by them assuring you for the services which never given to you at all.
  2. There has been a protection for any legal action against the doctors, but that is when if they performed their work with sincerity.
  3. Letting everything on junior/ or other staff is simply a gross misconduct on his part.
  4. I advice you to first, please send him a legal notice for refund of payment as well as compensation, and also state to file criminal cases also for professional misconduct on their part.
  5. Wait for their reply, and then you may have to file two separate cases one is the criminal and another one for the refund and compensation.

If you like my answer, then contact me through Kaanoon for any further legal assistance.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. The allegations you have made has good ground  to establish the deficiency of services committed by the medical personnel.

2. Now to redress your grievance you can file a case before the consumer forum wherein you can seek relief of enough damages and compensation.

3. Take help of a person having medical expertise to draft the petition to set up the case of medical negligence.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
373 Consultations

5.0 on 5.0

I'll suggest you to send a legal notice to the doctor and demand a reply

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

Dear Client,

First sent legal notice to doctor. Hope you have some document in which portion of surgery was fixed and requested by you. Provide more details so that precise step shall be adopt against the doctor and refund of fees paid and compensation if refund through consumer court.

Yogendra Singh Rajawat
Advocate, Jaipur
21462 Answers
31 Consultations

4.4 on 5.0

Contact local lawyer . You can complain before the Medical Council and in Criminal Negligence in IPC.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

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