• Medical negligence and defamation

I am a US citizen who underwent abdominoplasty and fat transfer surgery in Mumbai, August 5, 2017. I was infected with M. Chelonae which I battled medically for 15 months. I approached the doctor for compensation which he agreed to after being served a notice. His verbal agreement on May 14, 2018, never translated into anything in writing or compensation. December end of 2018, I decided that I had lost significantly financially, emotionally, future plans, well being and health and decided to post my experience of review sites where he advertises himself and invites reviews. The public needs to know what can happen to them. I also requested a review from the Maharashtra Medical Council.

The doctor is now threatening me with a defamation suit unless I withdraw everything and offer an apology.

1. Do I have to respond to his notice? I am tired of this mess and just want to go on with life.
2. What kind of negligence cases have you dealt with?
3. As I am not in the country, can I ignore this?
4. Would it affect my wanting to return to India at some point in time.

I can call you on Skype if that suits your office.

Regards,
Ruth Fox
Asked 5 years ago in Criminal Law
Religion: Christian

2 answers received in 10 minutes.

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29 Answers

1. You should give a befitting reply to the legal notice received by you through an advocate. 

2. I have dealt with various cases related to medical negligence in NCDRC and State Commission, New Delhi.

 

3. You can, but it would be a problem for you if you goes on to file a criminal as well as civil defamation case against you.

 

4. If he filed a case for criminal defamation, you will have to appear before the criminal court to seek bail.

 

Also, you can file a complaint for medical negligence in NCDRC, New Delhi if you have evidence showing that there was a breach of care and duty on part of the doctor or hospital in doing your treatment.

 

Regards.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. See firstly in your case file a consumer complaint seeking compensation for deficiency in services. You can claim huge compensation , compensation for mental harassment , litigation fee.

2. Second reply the notice setting that your reviews are based on experience you had with the doctor for same you have him a legal notice and further suffered damages truth is best defence to deformation.

3. See there are number of different type.of medical negligence case in some due care as prescribed in medical.books or practice is not take in some there prima facie gross negligence so each case has to be handled separately.

4. If it is received by you outside the country in my view ignoring ot won't be the solution strong reply of same is required.

5. No this won't effect.your arrival in India.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is advisable to respond to the notice with the actual facts and the existing chain  of events.what happened was indeed a negligence.

Your case is an example  of medical negligence and you could prove it to certain extent by taking steps by approaching the authorities.

In the reply you ask the damages , you can entrust your attorneys/lawyer in India , don't have to come to india ,

The reply is needed to defend his claims and put your facts on record  or else he will proceed with the case in the court and the same can trouble you.

 

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Truth is best defence in defamation case 

 

2) youmust respond to his notice 

 

3) you should not ignore the notice 

 

4) file complaint against doctor before consumer forum and seek compensation from the doctor for his negligence 

 

5) it woukd not affect your coming to India 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

Its advisable to reply to his notice and highlight the faults committed by him. Secondly lodge a complaint with Medical Council of India, Indian medical association as well as Ministry of External affiars regarding the negligence committed by the doctor and his pursuant threatening once you issued notice to him.

Also lodge a consumer complaint against the doctor for medical negligence and also with the police under Section 269,270 of IPC.

Even though you are not in country you are bound to reply him and also claim damages from him.

 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Hi

1. there are supreme court judgments in which its held that any complications that arises to a patient in the course of treatment by the doctor, is not a medical negligence, unless the patient can prove that the negligence was such that it is directly related to the complication

2. since you say that you want to move on with your life, it is advisable to pull down the offending reviews posted by you for the doctor, unless you can prove as above that the negligence of the doctor has direct relation to the complications you had to face and incur expenses for the same

3. even if you are not in the country, the doctor, if he decides to file a defamation action against you, can cause notice of the same to be served on you through Interpol or internationally and the court issuing such notice would require you to make your presence on the hearing date, failing which the legal action would proceed without hearing you and an ex parte order may be passed against you, which the doctor can execute by attachment of your properties in India and anywhere in the World, to recover the damages which he would have claimed from you in his defamation action against you 

Yusuf Rampurawala
Advocate, Mumbai
7506 Answers
79 Consultations

5.0 on 5.0

He cannot file any defamation case unless your statements are personally derogatory against doctor. Your experience, your suffering however defamatory it is, does not rise any cause of action to file the case.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If there is some negligence then you can reply to the said notice on merits.

You don't have to worry about your India visit.

You can contact me through Kaanoon vide telephonic Consultation

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

1. FIRSTLY, take a comprehensive & explanatory Medical Report, on the effects of the said "abdominoplasty and M. Chelonae", and its effect on your Physical & Mental condition.
2. Writing a Review on his own solicitation is not "defamation" of any kind. (Take screen shots of his website and all the other reviews. Send a Counter-Legal-Notice, for his malpractices and for the blotched up surgery, and claim the damages.
3. Write to the Medical Council (India) about his malpractices and also to the Indian Consulate.
4. File a grievance petition before the Mumbai Consumer Court, armed with the "Medical Report" (point no. 1, above) and claim damages & compensation, based on all the documentary evidences you hold (medical bills, travel documents, hotel stays, etc....)

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

No defamation made out, you have posted the side effect cause after his diagnose done. Just make sure, don`t paste any allegation on him but of what ailment you have been operated and after cause, amount incurred for treatment.

Wrong Diagnosis' Does Not Amount To Medical Negligence

Ignore or send reply through advocate.

Nothing will happen on your visit. .

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

My answers are as follows:

1. Do I have to respond to his notice? I am tired of this mess and just want to go on with life.
Ans: Yes, you have to deny all his allegations and say that he is liable to pay the compensation due to medical negligence.

2. What kind of negligence cases have you dealt with?
Ans; Each negligence depends upon its own facts and circumstances. In one of the medical negligence wherein the husband himself argued the case and got Rs.6 Crore as compensation as per the orders of Supreme Court as his wife died due to medical negligence.

3. As I am not in the country, can I ignore this?
Ans: No, once it is served on you it is deemed that you are aware of the contents of the notice.

4. Would it affect my wanting to return to India at some point in time.
Ans: No, it does not attract any criminal defamation against you since you had issued a legal notice at the earliest point of time.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you had been gone through much due to the negligent of the doctor.
  2. Here as he has not compensated you, firstly, ty should file a suit for compensation in your country then he would have to be here.
  3. And what you did, it just that you let others know about his incapibility. There is nothing he can sue you for sure.
  4. And if in case he does that then you need not to be here, but can be represenated in the court of law through your counsel.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Mr Fox you need to reply the defamation notice of the doctor and at the same time you have to find out an advocate in Mumbai who can file a complaint in the state consumer dispute redressal Commission against the doctor and claim the compensation for the medical negligence apart from the mental agony and legal charges please be aware that the code will not allow a huge amount for the legal charges as the European countries  do and at the same time in the legal notice you respond that you have  not made any deformation on your professional practice however he have not maintain his professional ethics ande code  in treatment and  have not kept his promise. it is really difficult to file the case sitting in foreign soil and you need a  good advocate to look  after your case

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. You have neither lodgedany complaint before the MCI nor filed any case before the local State Consumer Dispute Redressal  Commission claiming the compensation (before the District Forum if the claim is for less than Rs.20 l;akhs).

 

2. Your claim for the deficiency in service and unfair business practice on the part of the said doctor is in yiour mind only and has not ben filed before any forum/court/council.

 

3. So, in absence of your said allegation ever lodged before any forum, your said post circulated amongst public can be termed as defamation as per law for which the said Doctor can file a defamation suit against you.

 

4.You should reply to his said notice and lodge complaint before the MCI of India and also file the complaint case as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. No need to tender a reply with apology, rather tender a reply saying that if proper compensation is not given then you will proceed with the legal actions. 

2. This is a clear case of Medical Negligence that can be filed in the court. 

3. If you do not want to take any action further then you may ignore this. 

4. It will not, because in any view of the matter a civil case will only be filed. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) If you have got hurt and loss due to this operation and doctor is taking responsibility accordingly his advertisements than you can file case in the Indian Medical Association and run your case there for a compensation from doctor.

 

2) Need to check bilateral agreement between two countries how defamation case can harm you need to check on it.

Ganesh Kadam
Advocate, Pune
12924 Answers
254 Consultations

4.9 on 5.0

If you think that the review you posted is correct then the doctor cannot initiate any proceeding against you. As far as the defamation is concerned section  499 of the Indian Penal Code explicitly said that if the allegation is true then no offence of defamation is made out. Hence it can be said that a doctor cannot file defamation suit or complaint against you because your review was true.  you should respond the notice with clear words that review watch true and you have been cheated by him.  However you have not committed any options, therefore, there would not be any trouble for visiting India.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. You can give a reply notice denying all the allegations.

2. What do you want to  clarify?

3. It is up to you.

4. No, it will not affect you in any manner

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

It will be Rs. 5000/-

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You can talk to me in consultation I need to understand your case for quoting you

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

The Fees depends on the lawyer you are approaching for writing your legal -notice. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

I would charge Rs. 15,000/- for drafting reply of the legal notice.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can directly contact an advocate of your choice of this forum who will quote his fee and ther terms for preparing the desired legal notice.

You can get the details of the chosen advocate from their profile displayed in this site.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

Legal fees vary depending upon the lawyer engaged by you 

 

you can make payment online on the website for issue of legal notice 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

Sir you can visit to the notice section of this website the Fee for same is quoted there.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

3100 /- 

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You may contact through administrator of this website.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Depends on the advocate you appoint and also its advisable to appoint a local lawyer where cause of action arose as they will be available as and when required by you

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

I shall charge Rs.5 K for drafting the said reply after getting all the required information.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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