My father aged 83 years expired on 26/4/2019 at 16.45 Hours at Medanta Hospital, Gurgaon after he was shifted from ICU to the ward. He died of heart attack after vomiting due to high BP. He had undergone a lower spine operation on 25/4/2019. He was shifted to the ward from ICU on 26/4/2019 at about 13.00. Hours. The operation was done by Dr. V.P.Singh and Dr. Karanjeet Singh of Medanta Hospital. We have consulted Dr. V.P.Singh at Guwahati on 26/3/19 where he has advised a minimally invasive spine surgery at Medanta, Gurgaon. My father died because of the following negligence of Doctors and supporting staffs: 1. Being an old patient, 83 years old undergoing such a surgery, the hospital authority has completely failed to provide necessary post-operative care. The patient was complaining of pain and was found to be restless in the ward no.5603. Minimum guideline prescribed by WHO or other Organization not followed. 2. On 26/04/19 the patient was shifted from ICU to ward no.5603 and handed over to a trainee Nurse who had joined few days back. Not aware of any procedure. 3. ICU monitor to display the recordings of vitals like pulse rate, B.P, ECG tracing, Oxygen saturation etc was there in the ward but not connected to the patient till 16:20 Hours of 26/4/2019. 4. BP was not observed to be monitored at all in the ward on 26/4/2019 in spite of the patient having history of Hypertension (Informations available in supporting documents of Annexure-II) 5. Patient had a 1st episode of vomiting at 15:10 Hours. Vomiting injection was given to the patient. But no doctor attended the patient till 16:35 Hours.The patient should have been immediately shifted to ICU when he did first vomiting at 15:10 Hrs or preventive measures could have been taken in the ward itself. Why no doctor had attended the patient after vomiting is not understood. Had he been taken to the ICU he would have been alive today. 6. The doctors and the supporting staffs attached to the ward does not seems to be committed towards their duty as no seriousness is being showed by them to the patient in regards to the treatment after the patient was shifted to the ward no 5603 from ICU. 7. Being an old patient, 83 years old the hospital authority had completely failed to provide necessary post-operative support. 8. The food that had been provided to the patient after the surgery might not be suitable for the patient having history of acidity and Gas for which the patient might have vomited. 9. The cardiac clearance report and Pre Anesthetic Check assessment of the patient were not made available to the attendant till today in spite of several request before the operation. 10. The time at which surgery was carried out on 25/4/2019 was not disclosed till today. The patient was shifted to Pre-OT at 7:30 Hour of 25/4/2019. The attended was called to see the patient after 16:30 Hour on 26/4/2019. 11. It is crystal clear that the cost of treatment seems to be much more important for th
Hello,
if you think that there has been gross negligence on the part of the hospital and you have prove for the same then you may go ahead and lodge a FIR against the hospital and also you may file a case before the consumer forum for deficient services.
Regards
Do you have any evidence to prove your statements?
After the patient was shifted to the ward no doctor had visited. B.P was not checked. ICU monitor was there but it was not connected till his heart attack.
You may go ahead and lodge a complaint against the hospital and the concerned doctors at the police station.
regards
You have two remedies . A civil suit for wrongful death and a negligence complaint before consumer forum .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
If have have evidence to prove your statements, it is a fit case of gross medical negligence by the hospital staff and doctors.
You can file a complaint against the hospital and the doctors concerned in consumer court for their breach in duty, medical negligence, deficiency of services and unfair trade practices adopted by the law which you can claim monetary compensation from them.
Also, a complaint can also be lodged against the hospital with the police for causing death due to negligence under section 304 a of the Indian Penal Code.
However if police refuse to register FIR, petition can be filed to Magistrate under section 156 (3) CrPC to get FIR registered and investigation ordered in the case.
you should obtain diagnostic reports from hospital
2) obtain second option from another specialist whether line of treatment adopted by hospital was correct or not
3) file complaint against hospital and doctors before medical council of India
4) also file complaint against doctors and hospital before consumer forum seek compensation for medical negligence
5) also filepolice complaint against doctor and hospital
You can file FIR as per section 304 IPC as well as you can file consumed complaint before consumer forum for deficiency in service and medical negligence. You can also file complaint in the medical council
The points you have enumerated herein above appears to be genuine from your point of view but remember that before leveling the allegations you may have to produce documentary evidence to prove your allegations.
You have not alleged the negligence on any doctor particularly except the staff of the hospital and the management of the hospital, hence you may have to provide documentary evidence for medical negligence to prove your case.
You may gather substantial evidences and consult with a local advocate properly before taking any decision on this.
Whatever allegations made by you should be supported by documentary evidences because you may not know what is happening in the ICU, they will manipulate the things especially when there is a court case in this regard.
1) You can make complaint against both doctors and hospital to IMA and provide all details which you have mentioned above.
The burden of proving negligence lies with the complaint. Therefore, it is imperative to bring forth clear evidence of medical negligence
Dear client
You should approach the consumer court and Indian Medical council regarding your complaint of Medical negligence. You can get financial compensation because doctor and hospital authorities cannot be tried for culpable and criminal negligence.
The case cannot bring you father back but can teach the hospital authorities and doctor some lesson so that this won't happen with someone else.
