On July 2018 , my father passed away due to suspected medical negligence. He was admitted in a hospital in chennai for pancreatitis which he recovered from as it was a mild case. However , 30 days post treatment he was still feeling weak & lack of appetite so went to different hospital (VHC) which admitted him & they gave treatment however the doctor was dismissal of his previous pancreatitis diagnosis though all scans , ultrasound were confirming that and he was clueless about what to do & was suspecting cancer without any tests. My father's condition worsened there after 3 days & he was shifted to ICU & on was on ventilator where the duty doctors who were treating him were clueless about his history. Consequent to his worsening condition , we moved him to Apollo where he passed away within 24hrs. The reason finally was Sepsis. Persuing through his records & talking with his Apollo doctors , we realized clearly the blunder done by previous hospital i.e. VHC wherein they were suspecting Cancer till last min & didnt do any tests to rule out infection in a patient who is already diabetic & showing signs of Sepsis. My question is Can I pursue a case against VHC Hospital ? Is it too late? What are the first steps I have to take & any good lawyer whom I can consult in Chennai. I agree there has been delay but a month after my father passed away my mother subsequently had health complications & became a full time dialysis & Cardiac patient with multiple hospital stays in the ensuing months & myself being only child ,I had difficulty in managing job with these personal obligations.
1) obtain hospital discharge reports from VHC hospital
2) obtain written option from doctor that ther was medical negligence in your father treatment
3) file complaint against negligent doctors before medical council of India
4) file complaint against doctors before consumer forum and seek compensation
5) also claim litigation costs
Failure of doctor to conduct due medical test to ascertain the actual deceased and conducting no test and believing on aspiration of cancer itself a medical negligence. Duty of doctor to process immediate treatment is imminent.
This is also a case of fatal accident as wrong and delayed treatment.
Can file for compensation under fatal accident act or medical negligence before consumer court.
1. Yes you may as legal heir of father file a consumer complaint for deficiency in service seeking huge compensation , the period of limitation is 2 year from cause of action.
You may have a specialist opinion on treatment provided to your father if same was not up to mark or same was as medical guidelines prescribe their may be strong case against hospital.
you can file medical negligence case as well as a criminal case against doctors and hospital. We need to examine patient's medical history and the steps taken by hospital management towards the case.
there are number of lawyers in this website from chennai having good ratings . you can check their profile on the website and contact.
Definition: Sepsis occurs when chemicals released in the bloodstream to fight an infection trigger inflammation throughout the body. This can cause a cascade of changes that damage multiple organ systems, leading them to fail, sometimes even resulting in death.
Now this may have happened due to the the previous hospital but as you went to a new one they couldn't diagnose on time and neither did they understand the urgency of the situation.
Therefore a medical negligence case should be filed against the doctors and the hospital for not taking seriously the critical condition of your father.
A case in the consumer forum should be filed.
Engage a lawyer.
1. You are still within time if you wish to file the case.
2. However death out of treatment is not necessarily medical negligence. If its shown that he took all precaution but your father dies then even if alternative treatment was not carried out since he took standard measures it's no medical negligence.
3. So consult another doctor who after checking your papers can confirm on this.
Hello,
There has been a delay already of 2 years in approaching the court. I do not think that criminal case will be maintainable, however, you may go ahead and file a case before the consumer forum.
Regards
Initially you can make a complaint the IMA board against particular Doctors and can have justice from them.
you can pursue the same after lock down but dont delay more than that. the limitation will cease. you can file criminal and consumer case both against hospital and doctors. you can also approach medical council against them
Dear Sir,
1. You can file a consumer complaint for deficiency in service and claim compensation for medical negligence.
2. A criminal case u/s 304A can also be filed as a coercive action upon doctors. But it will not result in anything, as the courts have time and again held that in order to make out a criminal case there has to be a gross negligence and not mere negligence.
3. The limitation period to file a consumer compliant is 2 years from the date of cause of action (date of negligence). You appear to be just within time. A slight delay can be condoned upon reasonable grounds. Moreover, due to COVID, the consumer forum will entertain your complaint.
4. It is recommended that you engage a lawyer based on a reference of a trustworthy person and after having a consultation the lawyer. Do not engage someone merely on the advice received online.
Hope this answer helps.
Best wishes.
- As per rule . medical malpractice occurs when the practitioners or health care professionals involve in the breach of the legal duty to care for the patients. The persons involved in the medical field are obliged by law to have sound knowledge and skills to offer the right treatment to the patients.
- Further, a physician can be charged with criminal negligence when a patient dies from the effects of anesthesia during, an operation or other kind of treatment, if it can be proved that the death was the result of malicious intention, or gross negligence.
- Further, negligence is the breach of a legal duty to care. It means carelessness in a matter in which the law mandates carefulness. A breach of this duty gives a patient the right to initiate action against negligence
Indian Penal Code 1860 sections 52, 80, 81, 83, 88, 90, 91, 92 304-A, 337 and 338 contain the law of medical malpractice in India.
- Hence, if you think the death was caused by the negligence on the part of the said hospital , then on the ground of prescriptions , discharge reports , Medicines & test all details with amounts paid by you in details , firstly you should send a legal notice to the said hospital .
- If no response, then file a Complaint before the Consumer forum , and seek huge compensation for medical negligence.
- Further, you can also file a complaint before the police under the provisions of IPC as i mentioned above.
- Further you can also lodge your complaint before the Medical Council of India as well against that hospital .
- As per law, the limitation period of filing a complaint before the consumer court is 2 years from the date of death , or from the date of knowledge of the negligence by the said hospital.
Dear Sir,
You are informed that it is the case of 2018 and 02 years have passed. So, you are suggested to prepare the case strongly and full-proof and also to come out with the reasons of delay also.
1. The time limit to file a grievance Petition in Consumer Court, is Three years from date of demise of patient. This time limit can be extended with permission and discretion of Court.
2. You will require all the documentary evidences (hospital papers, test reports, bills, etc.... ) and a medical report by an independent expert doctor.
3. You have an positive option to file a grievance petition against the Doctor and Hospital, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation all your losses and for your physical & mental trauma.
Time limit to file consumer complaint is 24 months. See, if you have left some days to file the complaint. If yes, contact a local lawyer and file the complaint immediately.
There is a delay....but it can be condoned.
Go for the complaint.
Enquire and search good experienced lawyer
You first obtain second opinion from another expert doctor to confirm if it is a case of medical negligence.
Then you should confirm that it is not barred by limitation i.e., two years period has not been crossed from the date of cause of action against the hospital which is reported to have caused this medical negligence.
There is a general relaxation for extension of time for all those cases which is barred by limitation during this lock down situation, hence you may still file the case before consumer forum now.
Finding a good lawyer in Chennai is your responsibility, you may have to look for one through your own sources.
1, Medical negligence causing death is both a civil wrong and an offence under Section 304A IPC.
2. Under civil law you can seek damages from the hospital whereas under criminal law the doctors can be prosecuted under Section 304A IPC, and if found guilty at trial, they can be jailed for up to 2 years.
3. However, the person who claims that his relative died due to medical negligence has to prove the commission of negligence. You will have to rely on the reports of Apollo to prove that diagnosis which ought to have been conducted by the hospital, was not conducted.
There is no delay file the case and find out any lawyer for the purpose from the website of local court.
First of all, you should have in possession all relevant medical records to prove negligence convincingly. Time-limit is two years from the date of death of your father. However courts can condone the delay if you explain with proper reasons.
1. Yes you surely can file criminal complaint against hospital for death due to medical negligence and its not late.
2. First step is to collect reports of all the hospitals and opinion of Doctors from apollo hospital about treatment from VHC.
3. After collection of all the reports meet advocate for drafting of criminal complaint which is to be send to concerned police station and SP.
