• Disability correction

In case disability correction surgery, Disability doubled because of overconfidence and improper planning before surgery and lacks in Postoperative care by doctor And also avoiding patient for further treatment. What will be possible action against doctor? Surgery done outside Karnataka.
Asked 2 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

23 Answers

Hello,

file a case of medical negligence against the doctor. 

Also subsequently based on new records file an application for correction in disability certificate.

regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

Your all documents required to be seen to arrive a final conclusion but apparently it seems a case of medical negligence and deriliction of duties. You can file a case in consumer court after serving a legal notice .

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
30 Consultations

4.5 on 5.0

A consumer complaint for medical negligence seeking damages as compensation and for mental agony along with litigation fee.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

File complaint against doctor before medical council 

 

2) obtain copy of hospital discharge reports 

 

3) obtain second opinion of another doctor 

 

4) file complaint against doctor before consumer forum seek compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

its a clear case of medical negligence.

file a complaint against the hospital, doctor, who performed the surgery, and send the complaint to the Medical Council of India, Health Minister

you can file a consumer complaint about causing mental agony, doubling the disability

and

can claim for expenses, compensation, litigation charges etc from the doctor/hospital on the ground of medical negligence.

keep a record of all treatment documents 

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

A consumer complaint must be filed in the consumer Court of the district where the surgery was performed

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1422 Answers
5 Consultations

4.4 on 5.0

File a suit against the doctor for medical negligence and can ask for compensation

Milesh Paviyala
Advocate, Thiruvananthapuram
4 Answers
1 Consultation

4.0 on 5.0

This is a case of medical negligence and hence a case must be filed in the state consumer redressal forum against the doctor. Also fir should be lodged for negligence and other relevant sections.

Regards 

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

 you have to apply to the chief medical superintendent of your district to get the disability certificate after proper medical examination on the basis of your previous disability certificate a new certificate will be issued.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

You can get issue a legal notice and file a case for compensation in Consumer Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

Dear Sir,

The first necessary step if you are a victim of medical negligence is to file aComplaint against the doctor with the State Medical Council. The victim can file acomplaint in the state consumer court also and there can be a criminal suit filed by the patient against the hospital or the doctor himself. It is very important for the treating doctor to properly document the management of a patient under his care.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Consumer complain of medical negligence 

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

You can Complaint before Consumer court for negligence. You can also file Complaint before medical council for the same

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

If you suspect medical negligence then you may have to gather evidence because your presumption will not help you to file any case before consumer forum for deficiency in service.

Simultaneously you may have to obtain an expert opinion from a different doctor on the subject so that you can confidently file a consumer case, before that you may first ascertain that if this is a fit case for fighting against medical negligence.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

The jurisdiction will be patient residence or hospital area. Poa can be given to others If needed

 

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

The case can be filed in the place where cause of action took place.

The patient need not attend court, his advocate will take care of the case.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

complaint may be made to the District Forum, State Commission or National Commission while considering the pecuniary jurisdiction. A complaint may be filed in the For a within whose local limits:

  1. The opposite party, or when more than one respondent, then each of the parties, voluntarily resides or carries on business. The party may have a branch office or personally works for gain in the local limits; or
  2. The cause of action arises, whether wholly or partially

 

you can execute POA in favour of family member if you are unable to attend 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

The case has to be filed in the state where cause of action arose and opposite party resides. See the patient can do affidavit in karnataka and can give vakaltnama to advocate in other state personally he doesnot need to travel then.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

As the incident happened in other jurisdiction you need to file the case thier only .

through a power of attorney which may be given to a relative or your lawyer or anyone else who may pursue it on your behalf.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
30 Consultations

4.5 on 5.0

Complain will file where surgery done or registered office.

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

jurisdiction lies with the place of respondent means where the hospital situates

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has been a gross negligence on the part of the doctors.
  2. No, it should be filed within the jurisdiction of the place where the incident has happened.
  3. And it is not necessary for the victim to come time and again to the state forum, he may have to come one time only as he is completely disabled now, and if judge required he doesn’t have the need to come for even one time.
  4. Only doctors report would serve the purpose.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The case can be filed either at the place where the cause of action accrued or at the place where the respondent is residing 

First you may send a legal notice to them 

Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer