• doctor negligence

My mother had lump in right breast. She get operated for that on 16th Aug 2013 in Paras hospital, Vaishali Gaziabad. After that lump get tested and report confirmed that it have tumour laces. The doctor suggested another surgical operation for the treatment and my mother operated 2nd time on 25th Aug 2013 at same hospital. After the report we get doctor suggested that every thing is fine and give some prescription(tablet prescribed - tamoxifin) .we asked the doctor for chemotherapy but he said there is no need of chemotherapy just had regular check up and every thing would be fine. On 31st march got pain in stomach when we took test the doctor confirmed that she has stage 4 liver cancer. After that I visited all top cancer hospitals like Rajeev Gandhi , Medanta, ILBS, Shanti Mukund.when I told them about case history they all said that she must be given chemotherapy at that time. And also the prescribed tablet i.e. tamoxifin should be advice on some blood test which was never conducted. They said now we can only make there pain less. Unfortunately she died on 17th may. It is clearly the case of negligence. Please advice how should I proceed to get justice.
Asked 2 years ago in Civil Law from gaziabad, Uttar Pradesh
1)you can file complaint before the consumer forum against the hospital / doctors for deficiency in service and seek compensation . 

2) also lodge complaint with medical council against doctors who operated your mother . 

3) rely upon written opinion given by doctors of other hospital that chemotherapy ought to have been given to your mother at that time
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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file complaint before the consumer forum against the hospital / doctors for deficiency in service and seek compensation .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear client,
In that case you should file a complaint in front of consumer court for medical negligence and deficiency of service.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
1. First report the matter to Medical Council of India,

2. Then file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claimiming huge compensation/damage & cost,

3. Dr. Kunal Saha's case for the death of his wife Dr.Anuradha Saha for medical negligence, before the Supreme Court is the refernce point.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
have doctors given in writing that chemotherapy should have been done at first time when she underwent surgery?
file case in consumer forum.for any help you may call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Deat Client,
For Complaint in front of Medical Council you should file or through Advocate where as In front of Consumer court hire an Advocate then file your Legal Issue for medical  negligence and defficiency of service.
In that case your complaint may be file in District Consumer Redressal Commision
Or State Consumer Redressal Commision Depends on your compensation Amount If need more clarification then contact us.
Advocate Anurag Bhatt
Allahabad High Court.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
it is advisable to contact a local lawyer to file complaint before district consumer redressal forum or state commission . similarly for complaint before medical council get it drafted by lawyer based on inputs from your doctors
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
It is always better to have services of professional/ practicing lawyer for filing complaint before MCI as well as Consumer forum.For legal help may call through this site.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0

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