Injury caused on lower spine :making me semi cripple and 24 hrs pain and burning left sole of my leg since 1 year despite treatment taken at several experts in last 1 year Can I file criminal negligence case against a doctor and causing serious injury and virtually permanent damage and also for refusing to treat the damage by both doctor and hospital The injury was caused in OPD of a government hospital by a nuero surgeon full of ego and arrogance on 28th march 2018.I have tried to get treated elsewhere for 1 year including physical therapy as injury is on my lower spine causing 24 hrs pain and burning in sole of foot of left leg which was never there is past.I visited him just to show MRI scan of spine on being referred by osteopath doctor for clinical correlation and to see if MRI show any surgical intervention needs.But without seeing it and without allowing me to speak he just asked what is happening and started compressing my shoulder savagely many times without warning and seeking consent,.I was just sitting on metal stool.This has caused compression of a nerve in lower spin that is causing above symptoms. After that on telling him to be careful and listen he refused to treat and asked me to go elsewhere. he also joked cheaply my back pain has slid to leg.That is ultimate non professional conduct and criminal behavior after 1 year i brought to notice of MS of hospital who too asked me to seek treatment anywhere and sympathized. On sending tough letter again, he referred it to legal cell but refused to treat in same hospital which is well equipped big government super specialty hospital . Such people need to be taught lesson and made to pay huge damages and sent to jail, I need lot of money to go abroad to get treated.I need to be treated fast and compensated .is it possible and what is procedure.initial exchanges are over and i have brought things in record so they cant deny .The criminal doctor has since been transferred on promotion instead demotion. Hospital has point blank refused to treat/admit me for permanent solution
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Lodge complaint against doctor with medical council
2) obtain second opinion from another specialist that doctor at hospital treatment aggravated your illness
3) file complaint against doctor and the hospital before consumer forum and seek compensation for mental torture undergone by you
1. You can file a case of medical negligence before the consumer court seeking cost of treatment compensation for mental agony and physical pain and cost of litigation.
The complaint has to be filed against the doctor and the hospital.
You can file consumer complain of medical negligence and refund of payment along with compensation.
File a consumer complaint in consumer Court
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 2 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.
First sir I have shown to best neuro suegeons of Delhi NCR inclduing AIIMS. Treatm,ent is going on inclduing physiotherapy since 1 year .It is a semi surgical case.The fool doctor compressed by spine repeatedl;y by should jolts and my one nerve has got oiched. How filing consumer complaitn wuill rectify my problem which is top priority. Comensation is secondary aspect .my life is made hell due to 24 hrs pain and burning in sole of foot. i am on anti-epileptic drugs basically to calm nerves. I think this doctor should be in jail.he did not listen to me .did not see MRIs ,did not warn me and started jolting shoulder .My actual problem for which i went , is as it is. and this one also started . Can consumer court direct hospital ti immediately get me treated form wherever possible.It is public hospital owned by GOI.
You would be entitled to compensation for mental torture undergone by you
2) file police complaint against said doctor for negligence
3) police would conduct investigations and file charge sheet
Doctor cannot be held criminally responsible for a patient’s death/injury unless it is shown that she/ he was negligent or incompetent, with such disregard for the life and safety of his patient that it amounted to a crime against the State and civil culpability is not enough.
Sir for criminal action a FIR before the jurisdictional police station can be filed.
The consumer court cannot pass interim orders though it will pass order to appropriately compensate you .
First sir I have shown to best neuro surgeons of Delhi NCR including AIIMS. Treatment is going on including physiotherapy since 1 year .It is a semi surgical case.The fool doctor compressed by spine repeatedly by shoulder jolts for unknown reasons did not discuss and my one nerve has got pinched down in spine. I have full evidence and all treatment records and tests done . How filing consumer complaint will rectify my problem which is top priority. Compensation is secondary aspect .my life is made hell due to 24 hrs pain and burning in sole of foot. i am on anti-epileptic drugs basically to calm nerves. I think this doctor should be in jail.he did not listen to me .did not see MRIs ,did not warn me and started jolting shoulder .My actual problem for which i went , is as it is. and this one also started . Can consumer court direct hospital to immediately get me treated form wherever possible.It is public hospital owned by GOI. or should i approach NCRDC direct as compensation will exceed at least 70 lac rupees if i have to go abroad to get treated >i am otherwise eligible for free medical care including surgery.Worst thing is even being head of department he refused to treat and asked us to go elsewhere .This serious criminal negligence and professional misconduct. he also made joke that pain might have slid form back to ankle which is repulsive and vulgar act
Criminal case can be filed only in case of death caused by 'gross negligence' in discharge of medical duties.
Hence, under the circumstances, you will get adequate remedy only on moving consumer Court
See file a complaint against doctor in medical council, file an FIR against doctor and hospital and file a consumer case on medical negligence even after.all these case see there cannot be interim order which can get.you instant relief.
The pecuniary jurisdiction of national commission is above Rs. 1 crore.
If you are seeking Rs 70 lakhs file complaint before state commission
Taking advice here is your prerogative. Don't teach law here to esteemed advocates. Go through IPC sections dealing with negligence.
Launch a criminal prosecution and get defeated.
Yes you can file a negligent case against him. You can also file consumer complaint for negligence and deficiency of service. You can also file complaint medical council
Section 304(ll) ipc can be charged.
Yes you can do that
From your contents there appears to be no medical negligence on the part of the doctor who refused to treat you for the reasons he knows better.
The hospital cannot refuse give you treatment without any valid reason, you can gather substantive evidence on this and sue them before consumer forum for deficiency in service.
You hav no case against the doctor however you can sue the hospital for refusing to give you treatment for your ailment.
Your disappointment and anguish over the doctor's behavior and the insults as well as the health damages makes you to not to think about the law involved in this.
If you are still not satisfied then you may approach a local lawyer and proceed on his advice.
Refusal to give treatment to a patient approaching a hospital with some aliment can also be considered as an act of medical negligence or violation of the rules of medical hospitality.
You can approach the appropriate consumer court as per the amount of compensation sought.