• Action against doctor

Whether police can take against the doctor, if he reported no fractute. On subsequent request a board constituted found that there was fracture.
Asked 7 years ago in Criminal Law
Religion: Hindu

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12 Answers

See if the doctor was negligent on performing his duties and did not take due care then in that situation action can be taken against the doctor. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

If the patient suffers serious injury only then you can held him liable before a criminal court , otherwise you can sue him before the consumer court and claim compensation.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes you can Complaint to medical council. In criminal matter only negligence can be booked.

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

 

Yes, you can certainly file a case against the Doctor in case there has been any kind of negligence on his part while delivering his services. There are 3 concurrent steps that are suggested here.

1) File a case in the Consumer Forum for deficiency in services rendered to you, causing monitory loss and mental / physical harassment

2) File a written complaint to the MCI against malpractice rendered to you by the Doctor

3) File a Police Complaint for cheating and harassment. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. For the purpose of negligence of Doctor in treatment of a patient no FIR can be lodged unless there is loss of life.

2. For this kind of wrong treatment the victim can file a case of medical negligence seeking damages before the consumer forum.

3. So forget the police complaint.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Police cannot take any action on this negligence of the doctor.You can take up this matter through consumer forum for deficiency in service in the form of medical negligence

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

In an important decision Hon'ble Supreme Court of India said, that if the advise of a lawyer and Doctors goes wrong in some way, even than no case under section 420 IPC or something like that can be registered against him/her. Though Supreme Court also said that Lawyer and Doctors should take care of the interests of his/her clients.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

No. Criminal prosecution against a doctor in discharge of his duties is possible only when his negligence in discharging his duties leads to death. Further, gross negligence has to​be established. 

In your case, it's not​.a case for prosecution (police action). But certainly, it's a case of deficiency in service for which you can claim compensation in a consumer Court. You must also lodge a complaint with the Medical Council, against that doctor. His license to practice medicine is likely to be suspended, if your complaint is valid

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Dear Sir,

Yes, on filing of complaint a criminal case can registered for professional negligence since it is backed by report of the medical board.  However the doctor challenge such FIR before the High Court and further proceedings will be subject to scrutiny by Hon. High Court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Not police complain but suspension of license by Medical council of Indian and consumer complain of medical negligence. .

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Medical Negligence suit can be filed. 

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

No, police can't take direct action against Doctor. Better you can make complaint.

 

  1. Lodge your complaint or send suggestion to the Medical Council of India (MCI). Users can lodge a complaint and send their suggestions/feedback by entering the subject, email address and name along with complaint/feedback description in this form.

 

you can complaint as well on National Consumer Helpline.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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