Hello,
I would like to suggest you to discuss the matter with a doctor first and ask him to certify thst the treatment was unnecessary , then you can file a case in the consumer Court and ask for compensation
Regards
Corporate hospital in Hyderabad did an unnecessary treatment
Hi, My father had a stomach pain recently. We got to rush to a nearby gastroentoroligist hospital in Hyderabad. The hospital admitted my father and they did all available tests like MRI, Endoscopy, Blood test, ECG, X Ray, CT Scan etc. They found that he has two issues 1. Micenter panniculitis 2. Infection between jejinum and ileum . Instead of try treating whatever diognised with medicine they went for diagnosis laproscopy next day which is invasive by putting small holes on my father belly and sending camera inside and checking the infection. Later they told samething as they found earlier and they can treat it with medicine. Surgeon told that my father can discharge but consultant doctor will finalize and consultant doctor asked to stay in the hospital for two more days so that they want to do another test called biospy (Both surgeon and consultant doctor we met are actually founding partners of the hospital). Mean while we found that even after staying as in-patient for 3 days they did not sent request for pre authorization of insurance to delay my father discharge. They also wrote in the bill till then as they did Laproscopic band release level 4 surgery (which they dint do as per what they explained us, also if they do still its not needed as per my father condition) to extract more money from insurance. After we found there is something wrong and we felt that they might end up using my father invasively to extract money from us. We asked them to discharge him, then they started threatening us saying we might not get insurance on DAMA discharge, my father is chronic smoker and the insurance might blacklist etc. After all we spoke with insurance call center and they told nothing will happen, then they accepted to discharge. Some of the incidents we have voice recordings also. After my father got discharged we went to a surgeon gastroentoroligist for second opinion and he told they were totally wrong in treating my father, and we were lucky to escape with just diagnosis laproscopic surgery only instead of any other major surgery. The bill was 1.5 lacs for just 3 days of admission and a minor surgery. I ended up paying Rs. 5000 as my father had insurance. Many others were seen by me paying 5 - 8 lacs in that hospital and they were not discharging them until they pay. Its not just about money but they are using human bodies as objects for their greedy. I want to go legally on them so that these things wont repeat in future with other poor patients. Let me know, if there is any STRONG possibility as they are big corporate hospitals.
Asked 7 years ago in Criminal Law
Religion: Hindu
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9 Answers
Sir based on your second opinion and unnecessary treatment and mental trauma given to you people you can file a consumer complaint with the consumer forum seeking compensation from the hospital for harassment and wrong treatment done.
Further to take the issue for public welfare a PIL can be filed before high court seeking direction for regulating the private hospital .
And also a complaint against involved hospital and doctor can be preferred before Indian medical Association.
1) obtain written second opinion that treatment done was un necessary . Obtain discharge report from hospital
2) complain to medical council against hospital
3) file complaint against hospital before consumer forum and seek orders to direct hospital to pay compensation for mental torture undergone by you
You can file a consumer case in a Consumer Court. A case of medical negligence has to be proved by proper medical expert’s evidence; it cannot be based on mere statements of a patient or patient party. As per settled law on medical negligence, it has to be alleged as to which action of the doctor was not as per accepted medical practice and what was done should not have been done or what was not done should have been done, this has to be supported by expert evidence or available medical literature on the subject.
The liability of a doctor arises not when the patient has suffered any injury, but when the injury has resulted due to the conduct of the doctor, which has fallen below that of reasonable care.The doctor is not liable for every injury suffered by a patient. He is liable for only those that are a consequence of a breach of his duty. Hence, once the existence of a duty has been established, the plaintiff must still prove the breach of duty and the causation. In case there is no breach or the breach did not cause the damage, the doctor will not be liable. In order to show the breach of duty, the burden on the plaintiff would be to first show what is considered as reasonable under those circumstances and then that the conduct of the doctor was below this degree. It must be noted that it is not sufficient to prove a breach, to merely show that there exists a body of opinion which goes against the practice/conduct of the doctor.
In the realm of diagnosis and treatment there is scope for genuine difference of opinion and one professional doctor is clearly not negligent merely because his conclusion differs from that of other professional doctor. Negligence cannot be attributed to a doctor so long as he performs his duties with reasonable skill and competence. Merely because the doctor chooses one course of action in preference to the other one available, he would not be liable if the course of action chosen by him was acceptable to the medical profession.
So obtain a written second opinion and discharge summery and file complaint against hospital before consumer forum with cogent evidence. Also file complaint against the doctor with the State Medical Council.
1. This hospital seems to be run by crooks and they must be brought to books.
2. Since this act amounts to cheating you can file a case of cheating against he two doctors.
3. To recover the damages and compensation out of physical and mental agony file a case before the consumer fora as well.
4. You have a good case and you must not spare them easily.
1. Get a written opinion from another gastroentoroligist and then file a complaint to the Medical Council of India.
2. Also file a complaint case under Section 12 of Consumer Protection Act to seek heavy damages for the mental agony suffered by your father.
Though Indian Medical Council Act has to provisions to control the medical practitioners and take disciplinary action against erring doctors, consumer courts are additional remedy to the consumer under consumer protection act to get compensated.
You can proceed against them by complaining to medical council.You can also file complaint before consumer forum for deficiency of service and seek compensation.
You gather concrete evidence about this medical unfair trade practice and sue them in the consumer court for the same reason.
You can argue that these people are playing with the lives of innocent patient and seek compensation for the mental agony they caused.
You can also make a complaint with the medical council of India about such atrocities.
