• Lawsuit for compensation: Incorrect medical tests

Hi,

My wife has not been feeling well for many days. She suspected pregnancy and got BetaHCG tested on 04/03/2022. The results was 0.1 which means negative. 

On 15/04/2022 she got BetaHCG tested in another hospital again and found that she was 9 weeks pregnant. Even CT scan report showed 9 weeks pregnant.

This caused severe inconvenience. She travelled to Tirumala and Shirdi in between not taking care of her health. During this period, not knowing her pregnancy, her health aggravated and got more tiresome. She even consumed wine to de-stress herself.

This was gross negligence from first hospital which published incorrect medical tests. I am planning to file a complaint and a law suit for the damages. 

I request the following :

1. Procedure for filing law suit seeking monetary compensation for the mental agony.
2. How much compensation can I ask?
3. What are the documents required for filing?

Kindly advise.
Asked 3 years ago in Civil Law

8 answers received in 1 day.

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8 Answers

file complaint against doctor and hospital before consumer forum seek compensation for mental agony under gone by her for incorrect tests 

 

2) seek Rs one lakh as compensation

 

3) also claim litigation costs 

 

4) you need copy of medical reports signed by doctor of hospital  

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. please approach a lawyer who can draft the plaint 

2. the damage which you have actually incurred plus a reasonable compensation for mental agony. more the money you seek more the court fee you will have to pay

3. the report of the first hospital and of the other hospitals. any correspondence entered between you and the first hospital informing it about the erroneous report. to begin with, issue a legal notice to the first hospital and see what it has to respond, if at all it responds 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Client, 

  1. The first step to be taken in case of medical negligence is to file a proper complaint to the State Medical Council against the concerned doctor, practitioner, or authority.
  2. The victim may file a complaint via the consumer court or a criminal court as per the nature of the negligence.
  3. But one must note that a lawsuit against a hospital leads to a long-drawn-out court battle that will end up being a very costly affair.
  4. If the victim wishes to receive monetary compensation, the best way would be to approach a consumer court.
  5. Once a complaint is filed, the consumer court investigates the claim. 

Thank You

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

This is clear case of deficiency of service.  Issue a lawyer's notice seeking reimbursement of medical expenses, compensation for pain and suffering with interest  After that file a complaint in District Consumer Forum  under new Consumer Protection Act, 2019 under which  proceeding are very fast. Under the new Act the Forum has power to issue such directions. Forum will issue such direction to  lab compelling it to pay medical expenses and impose heavy penalty, you will get compensation for t pain and suffering,  mental harassment, cost of complaint and lawyer’s fee.

  1. File a complaint under Section 2 (6) and Section 2 (8) of Consumer Protection Act, 2019. Complaint is to be filed under Section 2 (11) for deficiency of service.
  2. There is no limit for seeking compensation, there is no fixed formula for computation of pain, suffering, anxiety etc. You can ask for not less than 5l.
  3. The results of first test and the result of  second test and any other medical expenses incurred due to wrong diagnosis.  

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

1. Firstly send a legal notice to the said hospital after blaming for her poor heath and mental harassment , and thereby claim compensation for the said mistakes 

- If no response, then file a complaint against him before the consumer forum of your area , and thereby claim compensation for mental agony and harassment. 

2. You can fix it as per your harassments and expenditure etc. 

3. Medical records which having and the proof of wrong medical tests. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

First be fully sure about test being wrong as sometimes pregnancy reflects after some weeks when HCG levels gets high so the results can be misleading. So first have a talk with your current doctor to know about when the test should come positive.

 

If you are sure that the reports were incorrect and it was the negligence on part of the lab or hospital the first you will need to send legal notice to the hospital /lab mentioning both the reports. then after 30 days of notice you will need to file suit in court for compensation either with their reply or with no reply from their side.

 

Compensation will be determined on the basis of what mental, physical and monetary loss you suffered.

 

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

You can file a suit by first giving legal notice and later filing the same in court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You can collect the details of the reported medical negligence documented properly and file a civil suit for claiming damages or a case before consumer forum for negligence and deficiency in service.

2. You can decide the quantum based on your desire.

3. The documentary evidences to prove the acts of medical negligence including the bills and the discharge summary and their report 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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